Montgomery v. Superior Court

Belcher, C. C.

— This is an application for a writ of certiorari to review a judgment of the Superior Court of the county of Yolo.

It is claimed for the petitioner that no action was commenced in the Justices’ Court, because no sufficient complaint was filed, and that no judgment was entered by the justice, and therefore no appeal could be taken therefrom to the Superior Court.

It appears from the record that one Chantry, in order to commence an action against Montgomery, filed with a justice of the peace, as his complaint, what purported to be a copy of an account for "one hundred dollars, for…