Wilshire-Commonwealth Corp. v. State Corp. Department

On petition for rehearing, after the entry of an order denying petition for writ of certiorari.

One of the reasons for denying the petition for the writ was that the application should have been made to the superior court rather than to this court. While the jurisdiction is concurrent, the rule of practice is that where the application might have been lawfully made to a lower court in the first instance, the higher court will not assume jurisdiction of the cause unless the circumstances set forth in the petition are such as to “render it proper that the writ should issue originally from the appellate court to which such application is made and not from such lower court”. (Rule XXVI of the Rules of the Supreme Court and District Courts of Appeal.)

In denying the application for the writ, the justices of this court were of the opinion that petitioner will not be exposed to the dire consequences described by it as results likely to ensue from the determination of this court that the petition should have been filed in the superior court.

Notwithstanding the alleged magnitude of the interests involved, the questions raised concerning the order sought to be reviewed are not such that…