Shrimpton v. Superior Court of L. A.Cty.

I concur in the judgment. It is settled that certiorari does not lie to review an appealable order. (Cal. Code Civ. Proe., sec. 1068; see cases cited in 4 Cal.Jur. 1036 et seq.) Section 963 of the Code of Civil Procedure lists among appealable orders, “any special order made after final judgment.” Since the order of August 19, 1942, was a special order made after final judgment it was appealable and certiorari is therefore not available. The majority opinion takes the view, however, that the order in question was appealable not simply because it was a special order after final judgment but…