Stewart v. Superior Court of San Diego

Citations

• 101 Cal. 594
• 36 P. 100
• 1894 Cal. LEXIS 1083

Syllabus

<p>Writ of Review—Demurrer—Practice—Rule of Supreme Court.— The manifest object of rule 26 of this court, providing that if the return to an alternative writ be by demurrer alone, the writ will be ordered to issue without further leave to answer, is applicable to petitions for a writ of review as fully as those for the other original writs referred to in the rule, it being intended to enable the parties to obtain a decision upon the sufficiency of the order or judgment sought to be annulled, without incurring the expense or delay of a return to the writ.</p> <p>Id.—Judgment After Return of Writ.—If a demurrer to a petition for a writ of review is overruled, the subsequent issuance of the writ and the judgment to be rendered after its return will be merely formal, and in accordance with the decision upon the demurrer, unless it appears that the record returned is different from that set forth in the petition.</p>