Matter of De Lucca

This is an attempt, without, action and under the provisions of section 1138 et seq. of the Code of Civil Procedure, to obtain a decision as to whether a search-warrant, requiring a search of the premises of respondent for certain property, and the taking of the same if found, already issued by the appellant, as justice of the peace, and in the hands of the sheriff of San Diego County, who was about to execute the same, was issued without jurisdiction and authority of law. The agreed case was submitted to the superior court of San Diego County by respondent and appellant alone, the officer…