Brownell v. Superior Court

Certiorari. The petitioner was plaintiff in an action against Bendigo Mines Company, a corporation, in the justice’s court of San Bernardino Township, county of San Bernardino. After judgment in that court in favor of the plaintiff, the defendant gave notice of appeal to the superior court of that county. On the same day that defendant filed in the said justice’s court an undertaking entitled the same as the title of the action from which the appeal was taken, but which did not describe any judgment of that justice’s court or refer to any appeal to the superior court of San Bernardino' County. The references to a judgment were as follows: “Whereas, in an action in the justice’s court of Los Angeles township, county of Los Angeles, and state of California, judgment was, on the 27th day of June, 1916, given and entered in said justice court, in favor of Charles H. Brownell, Administrator of Hanson A. B. Brownell, deceased, and against Bendigo Mines Company, . . . ; and, whereas the said Bendigo Mines Company is dissatisfied with said judgment and desirous of appealing therefrom to the Superior Court of the county of Los Angeles: Now, therefore,” etc. All further references are to…