Application for prerogative writs to and the real parties in interest. RULE 37. If any application made to the Court for a writ of mandamus, certiorari, prohibition, proceshow what, dendo, or for any prerogative writ to be issued in the exercise of its original jurisdiction, and for which an application might have been lawfully made to some other Court in the first instance, the affidavit or petition shall, in addition to the necessary matter requisite by the rules of law to support the application, also set forth the circumstances which, in the opinion of the applicant, render it proper that the writ should issue originally from this Court, and not from such other Court the sufficiency or insufficiency of which circumstances so set forth in that behalf will be determined by the Court in awarding or refusing the application. In case any Court, Judge, or other officer, or any Board or other tribunal, in the discharge of duties of a public character, be named in the application as respondent, the affidavit or petition shall also disclose the name or names of the real party or parties, if any, in interest, or whose interest would be directly affected by the proceedings, and in such case it shall be the duty of the applicant obtaining an order for any such writ to serve or cause to be served upon such party or parties in interest a true copy of the affidavit or petition and of the writ issued thereon, in like manner as the same is required to be served upon the respondent named in the application and proceedings, and to produce and file in the office of the Clerk of this Court the like evidence of such service. It is ordered that the foregoing rules be and the same are hereby adopted; that they shall take effect on the first Monday of January, eighteen hundred and seventy-three; and that thereupon all former rules be abrogated. WALLACE, C. J., CROCKETT, J., OCTOBER 25th, 1872. RHODES, J., NILES, J., BELCHER, J. NOTE.-Counsel may procure copies of the Rules of this Court on application to the Clerk of the Court or the Secretary of the Justices.-Lewis et al. vs. Longmaid, January Term, 1872. SECTION 22. Action defined.......................... 23. Special proceeding defined............. 24. Division of actions........... 25. Civil actions arise out of obligations or injuries........ CHAPTER I. Of Courts of justice in general............................ VI. Of the Probate Courts.......... VII. Of the Municipal Criminal Court of San Francisco........... |