People v. Everett

I concur.

In People v. Blis, 3 Cal.App. 162, [84 P. 676], the question as to whether, prohibition is the appropriate remedy in such a case as this was not pressed nor was it seriously considered by the court. The main object of both parties was to obtain a construction of the statute for the first time brought to the attention of the appellate court.

There is a growing disposition, which should not be encouraged, to take advantage of original writs, notwithstanding that by an appeal a plain, speedy and adequate remedy is furnished.

There are no special or peculiar circumstances in the present…