Coker v. Superior Court

McKee, J.:

By the return to the writ issued in this case it appears that the relator, as respondent in an action pending in the Superior Court of Colusa County, on appeal from the judgment of a Justice of the Peace, had made three motions in the case, viz.: one to dismiss the appeal on the ground that the undertaking on appeal was not filed in the Justice’s Court, until several days had elapsed after service and filing of the notice of appeal; another to amend his notice of motion by inserting in it, as an additional ground, that the notice of appeal was not served on the same day it was…