Majority
p. 545[No. 7,668. Department One.] June 15, 1881. SAMUEL NEWMAN v. THE SUPERIOR COURT OF SAN FRANCISCO.
Headnote
Certiorari—Appeal.—When an appeal may be taken a party is not entitled to a writ of certiorari.Application for writ of certiora/ri to the Superior Court of the City and County of San Francisco.
E. B. Brahe, for Plaintiff.
G. E. Boyce, for Defendant.
The order of the Superior Court of San Francisco, which the petitioner asks to have reviewed upon a writ of certiorari, is a special .order, made after final judgment, in the case of Mohle v. Tschirtch, from which an appeal is allowed by Subd. 3, Section 939, C. C. P. When an appeal may be taken, a party is not entitled to a writ of certiorari.
Application for writ denied.