Thomson

A writ of certiorari was issued from this court directed to the superior court of Mendocino County and the judge thereof, requiring the certification here of the pro ceedings in the case of Ed. Gibson v. Henry T. Thomson et al., appealed to the said superior court from the justice’s court of Round Valley Township, county of Mendocino. In his petition Thomson prayed for a writ of certiorari and for mandate to compel the setting of the appealed case for trial in the superior court.

The action in the justice’s court was in claim and delivery. Trial was had before a jury and a verdict in favor of the plaintiff was rendered on June 25, 1910. On the same day the justice of the peace made an entry in his docket as follows:—

On June 27th plaintiff served and filed his memorandum of ' costs. On June 30th defendant Thomson’s attorneys prepared his notice of appeal to the superior court and served it upon plaintiff. Thomson’s attorneys also caused an undertaking on appeal in the sum of three hundred dollars to be prepared. About July 18th the notice of appeal was sent to the justice of the peace by the attorneys for Thomson, accompanied by a letter, in which he was requested to make sure…