13 P.2d 522 | Cal. Ct. App. | 1932
Claiming that the defendants, as the Civil Service Commission of San Francisco, had marked his papers incorrectly, the plaintiff commenced a proceeding in mandamus to compel the defendant commission to re-mark his papers. On December 9, 1931, E.A. Hahn, C.A. Spuur and A.J. Canty were given permission to intervene. As the record before us does not show to the contrary, we assume that the application was made ex parte. On December 10, 1931, the trial court made an order denying the application to intervene. Whether that order was made on notice or was madeex parte is immaterial. As the application was granted exparte it could be set aside ex parte. (Coburn v. Pacific L. M. Co.,
The appeal is dismissed.
Nourse, P.J., and Spence, J., concurred.