Granger's Bank of Cal. v. Superior Court of San Francisco

This proceeding is an original petition in this court for a writ of prohibition. There was a decision here in favor of petitioner August 19, 1893; but within thirty days thereafter an order of this court was made granting a rehearing. Petitioner now moves to set aside said order granting said rehearing upon the ground that the court had no power to make it—contending that a motion for a new trial was the proper remedy.

The point was substantially determined against petitioner’s contention in In re Tyler, 71 Cal. 374 . It may be further said that the present constitution provides that the judgment of a department of this court shall be final in thirty days, unless before that time ordered into Bank; and that there has been a rule in this court ever since its origin that a judgment of the court in Bank shall be final in thirty days, unless before that time a rehearing shall have been granted. Neither the constitution nor the rule makes any distinction between cases of appellate jurisdiction and cases of original jurisdiction; and indeed most of the cases here which are in form original are, like the case at bar, in their nature appellate. Therefore, to apply to this court those…