Smith v. McCarthy

THE COURT.

This proceeding presents the same problem as that disposed of in Hough v. McCarthy, ante, p. 273 [5 Cal.Rptr. 668, 353 P.2d 276], and Sauer v. McCarthy, ante, p. 295 [5 Cal.Rptr. 682, 353 P.2d 290], decided this day, and those decisions are controlling here.

The alternative writ of mandate is discharged, and a peremptory writ is denied.