TROMBLEY v. JUSTICE COURT OF TOWNSHIP FIFTEEN CONTRA COSTA COUNTY (1947)

District Court of Appeal, First District, Division 2, California.

TROMBLEY v. JUSTICE'S COURT OF TOWNSHIP FIFTEEN, CONTRA COSTA COUNTY, et al.

Civ. 13352.

Decided: March 12, 1947

Cornish & Cornish, of Berkeley, for petitioner. Samuel S. Berman, of San Francisco, Harold J. Fisher, of Los Angeles, and Leon E. Gold, of San Francisco, for Labor Com'r, amici curiae on behalf of respondents.

This is an application for a writ of review.

The petitioner filed a petition for a writ of habeas corpus, which was granted.

The only question raised herein is as to the constitutionality of certain sections of the Labor Code. The same question was presented in the habeas corpus case. The scope of the inquiry is exactly the same in both proceedings. In re Drew, 188 Cal. 717, 720, 207 P. 249; In re Sears, 137 Cal.App. 308, 310, 30 P.2d 571; Wilde v. Superior Court, 53 Cal.App.2d 168, 176, 127 P.2d 560.

In an opinion this day filed in the habeas corpus case Cal.App.2d, 178 P.2d 510, the question herein presented is fully discussed. For the reasons given and on the authorities cited therein, the alternative writ is discharged and the application for a peremptory writ of review is denied.

GOODELL, Justice.

NOURSE, P. J., and DOOLING, J., concur.

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