Dysart v. Daugherty

Appellant, who was the petitioner in the trial court, sought a writ of review for the purpose of determining the validity of an order of the Commissioner of Corporations. A general demurrer to the petition was sustained without leave to amend and judgment entered accordingly. This is an appeal from said judgment.

A writ of review will lie only to review the exercise of judicial functions. (Sec. 1068, Code Civ. Proc.) The legislature is without power, in the absence of a constitutional provision authorizing same, to confer judicial functions upon the respondent or any other state-wide…