Granger's Bank of Cal. v. Superior Court of San Francisco

McFarland, J.—

This proceeding is an original petition in this court for a writ of prohibition. There was a decision here in favor of petitioner August 19, 1893; but within thirty days thereafter an order of this court was made granting a rehearing. Petitioner now moves to set aside said order granting said rehearing upon the ground that the court had no power to make it—contending that a motion for a new trial was the proper remedy.

The point was substantially determined against petitioner’s contention in In re Tyler, 71 Cal. 374. It may be further said that the present constitution provides…