California Supreme Court August 25, 1882, No. 8,058 (Gray v. Superior Court)

The Court:

An instrument purporting to be an undertaking in the sum of more than one hundred dollars was filed in the Justice’s Court with the notice of appeal for the payment of costs on appeal. In McConky v. The Superior Court, 55 Cal. 84, no undertaking for costs on appeal had been filed either in the Justice’s or Superior Court; nevertheless, the latter Court was proceeding to hear the appeal.