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Providence Baptist Church v. Superior Court

115 Cal. App. 2d 853 Court First Dist., Div. One. Decision date 1953-02-10 Docket Civ. No. 15702 English

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p. 853
[Civ. No. 15702.
First Dist., Div. One.
Feb. 10, 1953.]
PROVIDENCE BAPTIST CHURCH OF SAN FRANCISCO et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent.
Edward D. Mabson for Petitioners.
Critcher & Isaacs for Respondents.

By this petition for a writ of review petitioner seeks to review and annul an interlocutory judgment entered on July 10, 1951. The Supreme Court has determined that the superior court had jurisdiction to enter that order. (Providence Baptist Church v. Superior Court, 40 Cal.2d 55 [ 251 P.2d 10 ].) That being so, the writ of review will not lie. (Code Civ. Proc., § 1068.) Moreover, the interlocutory judgment can be reviewed on the appeal from the final judgment. That too precludes the issuance of the writ. (4 Cal.Jur. at p. 1053.) The petition for a writ of review is denied.

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