Kane

Appellant applied to the trial court for a writ of .mpersedeas to stay the operation of an order denying its motion for a change of venue from the city and county of San Francisco to the county of Los Angeles, pending its appeal from said order. The application was denied, and it has now applied to this court for such a wrrit.

As will be noted from reading section 949 of the Code of Civil Procedure, the legislature has enumerated certain cases in which an appeal does not stay the operation of the judgment or order from which the appeal is taken, among them being an appeal from an order granting or refusing to grant a change of venue. In such cases the operation of the *367 judgment or order is stayed only by the issuance of a writ of supersedeas-, and it is well settled that whether such writ shall issue is a matter of discretion. (Bardwell v. Turner, 219 Cal. 228 [ 25 Pac. (2d) 978 ].) In this connection the court in McKenzie v. Los Angeles Life Ins. Co., 88 Cal. App. 259 [ 263 Pac. 338 ], went on to say that if the provision of said section authorizing the issuance of the writ were held to be mandatory, it would lead to a most vicious practice, because under such construction…

I concur generally in the foregoing order, but dissent from that part of the order by which this court purports to “withhold approval” of certain designated “statements” which occur in the opinion of the District Court of Appeal. As far as I know, this court is unauthorized to assert its approval or disapproval with respect to an opinion of any other court. In that regard, the only possible source of power is contained in the language which appears in sections 4 and 4c, article VI, of the Constitution of this state; but in neither of such sections of the Constitution is language employed which either *371 expressly or impliedly purports to authorize this court to assume either to approve or to disapprove of any “statement” which may be made by the District Court of Appeal. My views with reference to the authority of this court in a situation such as here is under consideration are more fully stated regarding a similar order that was made by this court in pursuance of a petition to hear an appeal after decision thereof by the District Court of Appeal in the case of Wires v. Litle, 27 Cal. App. (2d) 240, 245 [ 80 Pac. (2d) 1010 , 82 Pac. (2d) 388 ].

Ward, J.

Appellant applied to the trial court for a writ of supersedeas to stay the operation of an order denying its motion for a change of venue from the city and county of San Francisco to the county of Los Angeles, pending its appeal from said order. The application was denied, and it has now applied to this court for such a writ.

[1] As will be noted from reading section 949 of the Code of Civil Procedure, the legislature has enumerated certain cases in which an appeal does not stay the operation of the judgment or order from which the appeal is taken, among them being an appeal from an order granting or refusing to grant a change of venue. In such cases the operation of the judgment or order is stayed only by the issuance of a writ of supersedeas; and it is well settled that whether such writ shall issue is a matter of discretion. (Bardwell v. Turner, 219 Cal. 228 [25 PaCal.2d 978].) In this connection the court in McKenzie v. Los Angeles Life Ins. Co., 88 Cal.App. 259 [ 263 P. 338 ], went on to say that if the provision of said section authorizing the issuance of the writ were held to be mandatory, it would lead to a most vicious practice, because under such construction…