TOMLINSON v. LAMPTON (1937)

Supreme Court of California.

TOMLINSON v. LAMPTON et al.

Civ. 11223.

Decided: March 25, 1937

George L. Hampton and W. W. Middle-coff, both of Los Angeles, for petitioner. Everett W. Mattoon, Co. Counsel, and J. F. Moroney, Deputy Co. Counsel, both of Los Angeles, for respondents.

The petition for hearing after decision by the District Court of Appeal of the Second Appellate District, Division 2, is denied.

In denying said petition for hearing, we withhold approval of the statement that section 549 of the Code of Civil Procedure as amended by St.1933, p. 1865, and section 689, as amended by St.1935, p. 1958, are available to petitioner in the present proceeding. Petitioner has an adequate legal remedy, namely, intervention in the other action, and accordingly it is not proper to issue the writ.

PER CURIAM.

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