Keene

Petitioner is the plaintiff and appellant in two companion cases, which he has appealed from the Marieopa-Taft Judicial District to the Kern County Superior Court. Petitioner refers to the court from which this appeal was perfected as both a municipal and a justice court. Certain exhibits refer to it as a justice court. We will consider this petition as if it involves an appeal from a justice court.

The judgments in the justice court action were rendered in favor of Fred Harling, defendant and real party in interest, and against plaintiff and petitioner Walter M. Keene. They were entered on June 22, 1959, and notice of rendition of judgment was served within the 30-day requirement of section 974, Code of Civil Procedure. Notice of appeal was filed in that court on July 2, 1959 and thereafter served on the real party in interest. Apparently the appeal was taken both on the law and the facts so as to require a trial de novo in the superior court. On July 2, 1959, petitioner filed an undertaking on appeal in the justice court. This filing was within the five-day requirement of section 978a, Code of Civil Procedure. Petitioner alleges that no written notice of the filing of the…