Dillon

Writ of prohibition to restrain the defendant from proceeding to hear and. determine a certain cause. There is no substantial dispute as to the facts. It appears that, on September 16, 1913, plaintiff obtained a judgment against one Cooley, in the justice’s court of Washington Township, Nevada County; that, on October 11, 1913, an undertaking on appeal in due form ivas filed in said justice’s court and said justice indorsed the same—“Filed Oct. 11, 1913, A. McGagin, Justice of the Peace, said Township,” and, on the same date, made the following entry in his docket in said cause: “October 11. Undertaking on appeal filed with A. Scwartz and N. M. Melrose as sureties.” It appeared by the affidavit of the justice that, on October 11, 1913, “Cooley the defendant in said cause, brought to affiant an undertaking on appeal, now on file in said cause, and requested affiant to take the affidavit of the sureties thereon. That affiant thereafter took the affidavits of the sureties on said undertaking and indorsed a filing mark on said undertaking as of the date of October 11, 1913, the date that said undertaking was verified by the said sureties. That he was not requested to file said…