Simmons

Certiorari. On November 11, 1915, in a certain case wherein petitioner was plaintiff and one Elizabeth G. Clarke was defendant, a judgment was rendered in the justice’s court of San Diego Township in favor of plaintiff. On November 20th defendant served upon plaintiff’s attorney a notice of appeal to the superior court, wherein it was further stated: “You will further take notice that an undertaking on said appeal was this day filed in said justice’s court.” This notice, together with the undertaking on appeal, was on the same day deposited with the justice of the peace, who indorsed thereon: “Filed November 20, 1915, J. Edward Keating, Justice of the Peace.” At the time of depositing and filing these documents the appellant did not pay the justice of the peace the fees provided by law to be paid to the county clerk for filing the transcript on appeal and placing the action on the calendar in the superior court. On December 10th, however, which was within the time specified by law for perfecting the appeal, she did pay to the justice of the peace such fees, which were transmitted to the county clerk, together with the papers on appeal. Thereafter, upon the ground that the court…