Hawkins

This is an application for a writ of review.

Before disposing of the proceeding upon the merits, we shall notice some preliminary points suggested by the respondents.

1. The motion to quash the order to show cause and the proceedings herein is denied. The grounds of this motion are that the order to show cause granted by this court was not served upon the real party in interest and (rather in the nature of a demurrer) that the allegations of the petition on which said order was issued are subject to some extremely technical objections to which it is not necessary to make special reference.

The writ or order to show cause was served upon the officer and tribunal to whom it was directed, and this is all that is required by the statute. (Code Civ. Proc., sec. 1070.)

2. But counsel for the respondents insists, with apparent earnestness, that a writ of review, “is not the proper remedy in this matter and that this court cannot determine the issue involved.”

In support of this position, counsel declares that “if the superior court had jurisdiction to hear the motion (motion to dismiss),"then there can be no question that its ruling upon the motion was simply an exercise of that…