Kettelle v. Superior Court

The action in the municipal court was brought to recover judgment for an amount within the jurisdiction of that court. Judgment having been entered in favor of the plaintiff, the defendant appealed to the Superior Court. The motion to dismiss appeal was made upon the ground that the appellant at no time justified the sureties on her undertaking on appeal after exception to the same had been taken by the respondent.

According to section 986 of the Code of Civil Procedure (added to that Code in 1927 [Stats. 1927, p. 120, sec. 4]), where the undertaking on appeal from the municipal court has been…