Majority
p. 118[Sac. No. 2616. In Bank. December 22, 1916.] WILLIAM SNYDER, Petitioner, v. J. A. PLUMMER, as Judge of the Superior Court of San Joaquin County, Respondent.
Headnote
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.REHEARING- of an application to the Supreme Court for a Writ of Review.
The facts are stated in the opinion of the court.
A. H. Carpenter, for Petitioner.
In denying a rehearing it is proper to state
that 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.