Blade

Petitioner obtained a money judgment in the Justice’s Coui’t of the city and county of San Francisco, and the defendant in the action took an appeal there from to the Superior Court upon questions of law and fact. Subsequently petitioner moved for a dismissal of the appeal upon the ground that it was not supported by a proper record. The motion was denied, and thereupon he instituted this proceeding in certiorari for the purpose of having the order made in that behalf annulled.

The judgment was rendered on July 29, 1929; the notice of appeal 'was served and filed on August 13th; the undertaking on appeal was filed on August 16th, and petitioner concedes that the proceedings thus taken conformed to the requirements of the law relating to Justice’s Court appeals in force at the time of the rendition of the judgment and the filing of the notice of appeal. It appears, however, that between the dates on which the notice of appeal and the undertaking were filed, to wit, on August 14, 1929, a new code section became effective, which, in substance, provided that all appeals from Justices’ Courts in cities, cities and counties, towns and townships having a population of thirty thousand or…