Lane

Application for writ of prohibition.

One David Bonham commenced an action in the justice’s court of Lucerne township, Kings county, against petitioner to recover $200 as money had and received. Judgment was for defendant (petitioner here) for costs, and plaintiff appealed.

The judgment was rendered April 25, 1907, and on May 23, 1907, plaintiff served defendant with a notice of appeal to.the superior court from said judgment. The same day he filed an undertaking on appeal reciting that his appeal was “from a judgment entered against him, in said action, in the said Superior Court,” etc., and obligating the sureties in the sum of $300, instead of $100. On May 24th, the justice of the peace certified the records and papers in the case and filed them in the superior court. Defendant gave notice of exception to the sufficiency of the undertaking and of the sureties thereon on May 27, 1907, and on May 29th notice of intention of sureties to justify was served on defendant without time being fixed in the notice; after oral notice of the time and an adjournment of the hearing to May 31st, counsel for plaintiff in open court, on that date, stated that one of the sureties on the…