Dutertre v. Superior Court of San Francisco

Citations

• 84 Cal. 535
• 24 P. 284
• 1890 Cal. LEXIS 834

Syllabus

<p>Appeal from Justice’s Court—Notice of Undertaking—Opportunity to Except to Sureties. —• Where an undertaking on appeal from the justice’s court is filed more than five days before the service of a notice of appeal, and no separate notice is given of the filing of the undertaking, the notice of appeal is notice that an undertaking has been or will he filed within the thirty days allowed by statute, and gives proper opportunity to except to the sufficiency of the sureties.</p> <p>Id. — Time for Appeal — Order of Notice and Undertaking. — The filing of the undertaking on appeal, and the filing and service of the notice of appeal from a justice’s court, may be made at any time within thirty days after the rendition of the judgment; and the time and order of taking the requisite jurisdictional steps within that limit is immaterial. Id. — Prohibition. — A writ of prohibition will not lie to the superior court to prevent the hearing of an appeal from a justice’s court, upon the ground that the undertaking was filed more than five days before service of the notice of appeal, and that no notice was given of the filing of the undertaking.</p>