McCracken v. Superior Court

Citations

• 86 Cal. 74
• 24 P. 845
• 1890 Cal. LEXIS 976

Syllabus

<p>Appeal from Justice’s Court — Undertaking—.Failure of Sureties to Justify.—Under section 978 of the Code of Civil Procedure, the failure of. sureties on a bond on appeal from the justice’s court to justify, within five days after the notice of exception to their sufficiency, renders the appeal a nullity, and an order of the superior court extending the time within which they might justify, or allowing the appellant to give other sureties, is in contravention of the statute and void.</p> <p>Id. — Extension of Time—Construction of Code.—Section 1054 of the Code of Civil Procedure, giving the superior court power to extend the time within which certain acts may be done, does not apply to an act which is required to be done in the justice’s court within the time limited by the statute, in order to give the superior court jurisdiction to act in the case at all.</p>