Rauer's Law & Collection Co. v. Superior Court

This is an original proceeding for a writ of prohibition to prevent the superior court above named from proceeding with the trial of a certain case. The petition for the writ alleges that the petitioner had excepted to the sufficiency of the sureties on an undertaking on appeal from the justices’ court of the city and county of San Francisco within five days after the filing of the undertaking, and that the said sureties, or others in their place, had failed to justify within due time. An order to show cause was issued upon this petition; but it is now stipulated by the parties to the said appeal that the notice of exception to the sufficiency of the sureties was not served within the time prescribed by law, which disposes of the main point made by the petition, inasmuch as the sureties were not called upon to justify in the absence of such notice.

One other point, suggested at the oral argument, remains to be considered. It concerns the sufficiency of the notice of appeal. The notice was in the following terms: “Please take notice that the defendant hereby appeals to the Superior Court . . . from the judgment made and entered in Justices ’ Court ... in favor of the plaintiff and…