Blair v. Cummings

Judgment foe Costs on Dismissal of Appeal.—When a County Court dismisses an attempted appeal from a Justice’s Court, because of the failure of appellant to prosecute the appeal, or for want of jurisdiction of the subject-matter, it may render a judgment for costs against the appellant.

Certiorari to the County Court of Sacramento County. Suit was brought in the Justice’s Court of Lee Township, in Sacramento County, to recover damages in the sum of one hundred dollars. The Court rendered judgment in favor of plaintiff for the sum of §15 and costs. Notice of. appeal was filed with the Justice of the Peace, but was not served on plaintiff nor any one representing him. A sufficient undertaking on appeal was also filed and a transcript of the docket of the Justice of the Peace sent with the other papers to the County Court. On motion of plaintiff’s attorney, the appeal was dismissed because no legal notice had been served on plaintiff, and a judgment for costs rendered in favor of plaintiff for witness’ fees, etc. Motion was afterwards made by defendant to set aside the judgment for costs on the ground that the Court had no jurisdiction to render the same, which motion was overruled. Defendant thereupon applied to this Court for a writ, of certiorari, on the. ground that the County Court exceeded its jurisdic- ■' tion in rendering said judgment against the defendant, requiring said Court to certify the record and proceedings in the action of Blair v. Cummings, in said County Court, and for an order staying execution and all proceedings in the County Court herein until said writ be disposed of in the Supreme Court.