Middleton

Heydenfeldt, J., concurred.

In this cause the respondent commenced his action against the defendant, before a Justice of the Peace for San Francisco County, under the statute regulating “ forcible entries and forcible and unlawful detainers,” and recovered a judgment against the defendant.

An appeal was taken to the County Court, a new trial, and a judgment of the same character rendered in that Court. From this judgment defendant below appealed to the Supreme Court, and filed his notice of appeal upon the 17th of June, 1854. Pending the appeal to this Court by defendant Gould, from the judgment of the County Court, this action was commenced by Middleton, the respondent, in the Twelfth District Court, against the sureties upon the bond given, upon appeal, to the Court below, and judgment was rendered in his favor for the amount of his recovery in the County Court, with interest and costs.

The principal question that arises in this cause, is as to whether an appeal would lie at the time this was sought to be taken from the County Court to the Supreme Court.

*191 It has been held by this Court, that the Act to amend an Act, entitled an Act concerning the Courts of Justice of…