Regan

This is an application for a writ of review, to annul the action of the superior court of Marin county, in holding that under section 978a of the Code of Civil Procedure, an undertaking on appeal from a justice’s court, filed after the lapse of thirty days from the rendition of the judgment, was in time to vest the superior court with jurisdiction of the appeal.

The facts of the case are as follows: An action was pending in the recorder’s court of the town of Mill Valley in said county, wherein the Mill Valley Rochdale Company, a corporation, was plaintiff, and Henry Regan, the petitioner here, was defendant. On July 8, 1910, judgment for the defendant was rendered by the recorder. On August 3, 1910, the plaintiff therein served a notice on the defendant that it appealed to the superior court, which notice was filed August 5th. The undertaking on appeal, however, was not filed until August 10th, which was more than thirty days after the rendition of the judgment.

Thereafter, in the superior court, the defendant moved to dismiss the appeal for want of jurisdiction. This motion was denied, and the court immediately proceeded to try the cause, and, after hearing, rendered judgment…