Montezuma Improvement Co. v. Superior Court of San Francisco

Petition for writ of prohibition. The superior court refused to dismiss an appeal in an action brought in the justice’s court against the petitioner herein by one Rudolph Haak. The action was one to recover the sum of $150. The case was tried on the thirtieth day of September, 1922, and judgment was rendered in favor of the defendant on the tenth day of November of the same year.

Thereafter and on the ninth day of December, 1922, and within the time limited by the statute, plaintiff served a notice of appeal from such judgment on questions of both law and fact, and at the same time filed an undertaking for the payment of costs as provided for by section 978 of the Code of Civil Procedure. On December 15th following defendant filed a notice of exception to the sufficiency of the sureties, whereupon plaintiff gave notice to the defendant that they would justify on their undertaking on December 18, 1922. They did not justify on the day noticed, but plaintiff again notified defendant that they would do so two days later. On that day, December 20th, plaintiff abandoned the justification of the sureties upon the undertaking, and in lieu thereof he deposited with the court the sum of…