Rich

One Harvey Carlton, on the twenty-first day of June, 1916, recovered judgment against the petitioners in the justice’s court of Little Lake Township, in the county of Mendocino, for the sum of $115.35, together with costs of suit, taxed at $8.75. Thereafter, and within the time allowed by law, the petitioners appealed from said judgment to the superior court, in and for the county of Mendocino, said appeal being upon questions of both law and fact. The petitioners, in due time, filed the following undertaking:

Thereafter the respondent noticed a motion to dismiss the said appeal on the ground that no appeal bond, or deposit in lieu thereof, had been filed for the purposes of the appeal and that the superior court, therefore, had failed to acquire jurisdiction of said appeal. Said motion came on for hearing and was heard on the twenty-first day of August, 1916, and on the twenty-eighth day of August, 1916, the respondents herein made and entered an order dismissing said appeal on the ground set forth in the notice of motion and above stated.

The petitioners claim that the undertaking filed by them and above quoted herein was and is legally sufficient to support the appeal, and…