Stansbury, Inc. v. Superior Court

The sole question raised in this proceeding is whether an appeal from a justice court to the superior court was subject to dismissal for failure to pay the required fees in the manner and within the time prescribed by law.

Petitioner was the defendant in a justice court action in which judgment was awarded in favor of the plaintiff, who is the real party in interest in this proceeding. No notice of rendition of judgment was served or filed, but on October 11, 1956, defendant filed a notice of appeal to the superior court. On November 5, defendant received a letter from the clerk of the justice court which, after reciting that the papers in the case were ready to be sent to the county clerk, stated, “I am waiting for the $9.00 filing fee that has to go with the papers, if you will send a cashiers cheek made out to the Clerk of the Superior Court, I will send it with the balance of the papers and not send it thru the trust fund.” Pursuant to this request, defendant sent a cashier’s cheek for $9.00 payable to the clerk of the superior court. This check was received by the justice court clerk on November 7 and thereafter forwarded to the superior court.

On November 16, defendant…