Randall v. Superior Court
Synopsis
Appeal from Justice’s Court—Exception to Sureties—Delay of Appellant in Notice of Justification—Loss of Eight of Appeal— Dismissal—Certiorari.—Where upon appeal from a justice’s court to the superior court the respondent excepted to the sufficiency of the sureties upon the appeal bond, and the appellant gave notice of justification of the sureties and of the time set therefor, which was more than five days after the service of the notice of exception, such delayed notice was ineffectual to confer jurisdiction of the appeal upon the superior court, and upon its dismissal of the appeal a writ of review will not lie to annul its action.
THE COURT. It appears from the record, files and papers herein that the notice of exception to the sufficiency of the sureties was duly given and made on the 22d of March, 1912; that the notice for the justification of the sureties and •the time set therefor was the twenty-ninth day of March, more than five days after service of the notice of exception. This was beyond the time authorized by the statute, and such notice was ineffectual to preserve the rights of the parties upon the appeal. It is, therefore, ordered that the writ be denied.
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