Cohen

Petitioner seeks to prohibit the lower court from proceeding with the trial of the case of Cohen v. Blum, on appeal from the justice court of Eureka township.

In response to the alternative writ heretofore issued out of this court, respondents have filed a demurrer and an answer, the latter containing a transcript of the testimony at the hearing, by the said superior court, of the motion made therein by petitioner to dismiss the appeal, and also some other exhibits. There is no controversy as to the facts and it is stipulated that all the documents filed herein may be considered in determining this application.

The main question is whether a purported bond filed by appellant in said justice’s court was sufficient to confer upon said superior court jurisdiction of the appeal.

It is not disputed that an undertaking on appeal from a justice’s court is a jurisdictional prerequisite. (Hall v. Superior Court, 68 Cal. 24 ; [ 8 Pac. 509 ] ; McKeen v. Naughton, 88 Cal. 462 , [ 26 Pac. 354 ].) The statute itself is plain enough. Section 978 of the Code of Civil Procedure provides: “An appeal from a justice’s or police court is not effectual for any purpose, unless an undertaking be filed…