Opinion
Civ. No. 1197.
May 27, 1912.
APPLICATION for writ of review to annul the action of the Superior Court of Los Angeles County in dismissing an appeal from the Justice's Court of Los Angeles Township. Frank G. Finlayson, Judge.
The facts are stated in the petition for the writ, and are stated generally in the opinion of the court.
Randall Gaines, for Petitioners.
Edward Judson Brown, for Respondent.
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.