Rabe v. Hamilton

Cope, J. concurring. .

This is an appeal from an order of the County Court of San Francisco county, dismissing an appeal from a Justice’s Court, in forcible entry and detainer. The ground of the motion was, that the appellant had not executed a bond -within ten days, as required by the statute. Various facts are stated, in affidavits and otherwise, to show that, shortly after the judgment of the Justice, the defendant entered an appeal, and tendered one or more bonds, which seem to be regular in form, and upon which was indorsed a jurat of justification by the sureties. It seems to be a…