Opinion
In bank. Application for mandamus .
The petition fails to state any special reason for not applying to the superior court in the first instance, other than a saving of time, for the reason that, whatever the decision, an appeal would be taken to the supreme court. Rule 28 of the supreme court, on which the decision is based, is as follows:
‘In any application made to the court for a writ of mandamus, * * * for which an application might have been lawfully made to some other court in the first instance, the affidavit or petition shall, in addition to the necessary matter requisite by the rules of law to support the application, also set forth the circumstances which, in the opinion of the applicant, render it proper that the writ should issue originally from this court, and not from such other court. The sufficiency or insufficiency of such circumstances so set forth in that behalf will be determined by the court in awarding or refusing the application.’ COUNSEL
[2 Cal.Unrep. 636] Samuel Sankey, for petitioners.
OPINION
THE COURT.
The application for a writ of mandamus is denied upon the ground that the petition fails to state sufficient reasons for not applying to the superior court in the first instance. Rule 28 of the supreme court.