Gerrior v. Superior Court

This is an original application for a writ of prohibition to restrain the respondents from trying a certain action wherein the petitioner is plaintiff and one T. A. Clark is defendant. As the writ applied for implies, the ground of the application is that the respondents are without jurisdiction to try the action. The contention is that upon the taking of the appeal no undertaking thereon was filed as required by section 978 of the Code of Civil Procedure.

The facts stated in the petition are not traversed and stand here undisputed. They are, indeed, admitted by the general demurrer interposed…