Coulter v. Stark
California Supreme Court
Appeal from the County Court of Sapa County. Suit was brought by plaintiff before a justice of the peace to recover the possession of a horse, and judgment rendered for the plaintiff; execution was issued, and defendant appealed to the County Court. Upon filing the notice and appeal bond, the justice made an order staying the execution.
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Appeal from the County Court of Sapa County. Suit was brought by plaintiff before a justice of the peace to recover the possession of a horse, and judgment rendered for the plaintiff; execution was issued, and defendant appealed to the County Court. Upon filing the notice and appeal bond, the justice made an order staying the execution. Plaintiff then applied to the County Judge, and obtained a certiorari, upon the ground that the justice had exceeded his jurisdiction in making the order. Upon review before the County Judge, the writ was sustained, and the order of the justice vacated. From…
1Opinion of the Court
Burnett, J.,
after stating the facts, delivered the of the Court—Murray, C. J., concurring.
"W e have no doubt of the service upon the attorney being sufficient; so was the undertaking, as the plaintiff had possession of the horse, and the undertaking was ample for the costs and damages. But had the undertaking been defective, that objection should have been made in the County Court upon the appeal, when, upon a proper showing, the party might have been permitted to file a proper undertaking. (Howard v. Harmon, Jan. T., 1855.) When the appeal is taken bona fide, and not for delay, the appellate…
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