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

Citations

• 101 Cal. 198
• 35 P. 642
• 1894 Cal. LEXIS 1006

Syllabus

<p>Prohibition—Supreme Court—New Trial—Rehearing.—A petition for a rehearing, and not a motion for a new trial, is the proper remedy for one desiring a rehearing of an original petition in the supreme court for a writ of prohibition, after a decision has been rendered thereupon.</p> <p>Id.—Constitutional Law—Construction of Code—Original Jurisdiction of Supreme Court.—The constitution of the state and the rule making a judgment rendered in the supreme court final unless a rehearing is granted within thirty days do not make any distinction between cases of appellate, and cases of original, jurisdiction; and the provisions of the Code of Civil Procedure regulating new trials have no application to proceedings instituted in the supreme court in the exercise of its original jurisdiction.</p>