Stewart v. Superior Court

SPENCE,

J.—This is a proceeding in mandamus to compel the Superior Court of Los Angeles County to hear an appeal from the Justice’s Court of El Monte Township.

Petitioner was the defendant in the justice’s court action and judgment was rendered against him on November 3, 1944. He served and filed his notice of appeal to the superior court on November 29, 1944, and on December 1, 1944, he filed in the justice’s court his undertaking on appeal. Some time later written notice of the filing of the undertaking was served upon plaintiff in the action. The date of such service is in dispute— December…