118 P. 709 | Cal. | 1911
This is a petition for a writ of prohibition to restrain the superior court from proceeding with the hearing and determination of a case appealed to it from the justice's court upon the ground that the superior court had never acquired jurisdiction of the cause upon appeal.
In support of his application petitioner contends that the undertaking given on appeal is so radically defective as to be a nullity, wherefore the superior court never acquired jurisdiction(McCracken v. Superior Court,
Under section
It is made to appear that a corrected undertaking, by leave of the court first had, was filed in the superior court before which the appeal was pending. This was permissible procedure and cured the error complained of (Coulter v. Stark,
Wherefore, the relief prayed for is denied and the writ discharged.