Traders Credit Corp. v. Superior Court

This is an original proceeding in certiorari.

The petitioner sued in the justice’s court of Oakland township against Bindley Marinello Shop on an open book account for $99.63. The defendant answered and by way of counterclaim demanded the sum of $175 as damages for a writ of attachment levied by the plaintiff in the cause. Defendant had judgment for the sum prayed for and plaintiff appealed to the Superior Court of Alameda County, and in due time filed with the justice the required undertaking with the United States Fidelity and Guaranty Company as surety thereon. Thereafter the defendant served notice of exception to this surety and within due time the plaintiff served upon defendant’s attorney a notice of the time of justification of the surety on appeal, said notice having been served by depositing the same in the United States mail at the postoffice in San Francisco addressed to the office of defendant’s attorney in the city of Oakland. At the.- time specified the surety appeared and justified and the appeal to the superior court being perfected according to law the defendant appeared in the latter court and moved that the appeal be dismissed. This motion was granted, and…