Hellner v. Superior Court

On petition for writ of mandate. The return to the alternative writ does not raise any issues of fact of any importance.

In an action in the justice's court wherein the petitioner Hellner was defendant, judgment was rendered against the defendant on the nineteenth day of January, 1923. On January 30th the defendant filed a notice of appeal, and also filed an undertaking on appeal. On Monday, the fifth day of February, before noon, he served on the attorneys for the plaintiff notice of the appeal and notice of the filing of the undertaking on appeal, said notice setting forth the date of the…