83 P. 1074 | Cal. | 1906
This is an original proceeding for a writ of prohibition. The proceeding was begun in the district court of appeal for the second district, and the judges of that court *742 being unable to agree upon a judgment, the cause has been transferred to this court in accordance with section 4 of article VI of the constitution. The case was considered on the merits in the district court, although not decided. We therefore disregard all technical objections to the issuance of the preliminary writ.
Ella Swem recovered judgment in a justice's court of Los Angeles County against Anna Blumberg for $86.30, including costs of suit. Thereafter, Anna Blumberg gave due notice of appeal to the superior court, but instead of giving the bond on appeal, as the law provides, she endeavored to perfect the appeal by making a deposit of money, and for that purpose deposited with the justice of the peace the said sum of $86.30 for which the judgment was given. The papers were then transferred to the superior court, and assigned to the department over which the respondent presides as judge thereof. A motion was then made to dismiss the appeal on the ground that no bond had been given for costs on appeal, and that the superior court was without jurisdiction to proceed with the case. The motion was denied, whereupon this proceeding was begun to prohibit further proceedings in the superior court in the cause.
This court, in Laws v. Troutt,
Let the writ issue commanding the respondent to refrain from further proceedings in the case, except to dismiss the appeal.
Beatty, C.J., Angellotti, J., Sloss, J., Lorigan, J., and Henshaw, J., concurred.