174 Cal. 118
162 P 108
Decided December 22, 1916
California Supreme Court · decided 1916-12-22
<p>Writ or Review—Prior Application to District Court or Appeal— Subsequent Application to Supreme Court is Barred.—The denial by the district court of appeal of a prior application to it for a writ of review, is a bar of a new application for such writ to the supreme court. The only remedy of the petitioner is a petition for a hearing in the supreme court of the district court of appeal proceeding.</p>
Decided 1916-12-22
¶1In denying a rehearing it is proper to state
¶2that the petition for a writ of review was denied because it showed on its face a prior application to the district court of appeal of the third appellate district, and a denial by that court. This barred a new application for such a writ to this court, the only remedy of petitioner being a petition for hearing in this court of the district court of appeal proceeding.