Snyder v. Plummer

California Supreme Court Dec 22, 1916 No. Sac. No. 2616Published

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Holding. A petition for a writ of review is barred in the Supreme Court if the petitioner previously sought and was denied the same relief by a district court of appeal.

Issues

Whether a prior denial of a writ of review by a district court of appeal bars a new application for the same writ in the Supreme Court.

Disposition. Denied

Quotations verified verbatim against the opinion

“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.”

Synopsis

REHEARING- of an application to the Supreme Court for a Writ of Review.

The facts are stated in the opinion of the court.

THE COURT. 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.

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