CORNELL v. HARRIS (1936)

District Court of Appeal, Fourth District, California.

John D. CORNELL, Petitioner, v. Charles H. HARRIS, Mrs. S. M. Marshall, Stanley M. Gue, and Theodore T. Sharp, Respondents.

Civ. 1632.

Decided: July 02, 1936

Charles B. De Long, Claude L. Chambers, and Hugh Sanders, all of San Diego, for petitioner. Thomas Whelan, Dist. Atty., and Frank T. Dunn, and Carroll H. Smith, Deputy Dist. Attys., all of San Diego, for respondents. Everett W. Mattoon and Fred M. Cross, both of Los Angeles, amici curiæ.

In this proceeding petitioner sought a writ of prohibition prohibiting respondents from giving civil service examinations under the provisions of the charter of the county of San Diego. All material questions here presented are disposed of in the opinion this day filed in the case of Cornell v. Harris (Cal.App.) 59 P.(2d) 570.

Upon the authorities there cited and for the reasons there given, the peremptory writ of prohibition is denied and the alternative and amended alternative writs are discharged.

MARKS, Justice.

I concur: BARNARD, P. J. JENNINGS, J., being absent, does not participate herein.

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