Crowley Launch & Tugboat Co. v. Suprior Court

This is an original proceeding for a writ of prohibition. The petitioner recovered judgment against the Richmond Dredging Company (a corporation), March 20, 1908, in the justices’ court of the city and county of San Francisco. March 31st the dredging company served and filed a notice of appeal therefrom, and on the same day filed in the said justices’ court an undertaking on appeal. Later that day petitioner excepted to the sufficiency of the sureties on the undertaking. On the next day, April 1, 1908, the dredging company served notice on petitioner that the sureties would justify April 7th, on which day they, having appeared, were examined touching their qualifications. There is a conflict in the affidavits as to whether or not the attorney for the petitioner stated that he was satisfied of their sufficiency, but no objection was made to them, and the bond was approved. The cause was thereupon transmitted to the superior court, where, on May 29th the petitioner moved to dismiss the appeal, upon the ground that the sureties on the undertaking had failed to justify within five days after the filing and serving of exceptions to their sufficiency, as required by section 978 of the…