McCracken

This is an application for a writ of certiorari to review and annul the action of the superior court of Los Angeles County, in extending the time for filing an undertaking on appeal from a justice’s court, and in taking jurisdiction of the cause. The petitioner brought an action in the justice’s court, and recovered a judgment on the nineteenth day of April, 1890. On the twenty-fourth day of the same month the defendant served and filed his notice of appeal to the superior court, and on the second day of May filed in the justice’s court his undertaking on appeal. On the third day of May the petitioner duly excepted to the sufficiency of the sureties on the undertaking, and on the same day the defendant gave the petitioner notice that the sureties on said undertaking would justify before the justice on the seventh *75 day of May. On that day the petitioner appeared, but the sureties did not then or at any other time appear and justify. No new undertaking wap filed or deposit made by the defendant in the justice’s court. On the ninth day of May, and after the expiration of the five days within which the sureties might have justified, the superior court, the respondent in this…