Gerrior

This is an original application for a writ of prohibition to restrain the respondents from trying a certain action wherein the petitioner is plaintiff and one T. A. Clark is defendant. As the writ applied for implies, the ground of the application is that the respondents are without jurisdiction to try the action. The contention is that upon the taking of the appeal no undertaking thereon was filed as required by section 978 of the Code of Civil Procedure.

The facts stated in the petition are not traversed and stand here undisputed. They are, indeed, admitted by the general demurrer interposed to- the petition by the respondents.

The petition shows: That on the twentieth day of September, 1923, the petitioner instituted an action against said T. A. Clark in a justice’s court of the fifth judicial township of the county of Mariposa to obtain a judgment for the sum of $276 for work and labor alleged to have been performed by the former for the latter within two years prior to the date of the commencement of the said action; that service of process was subsequently duly had on said Clark; that the latter, within due time, filed an answer to the complaint, denying generally the…