Blackman v. MacCoy

THE COURT.

On petition for rehearii~g appellant *882seeks to raise for the first time a point not previously argued, viz., that the affidavit of bias, and prejudice related only to the personal disqualification of the appellant and not to the jurisdiction of the municipal court. This contention was not set forth by appellant in his briefs nor in oral argument, and will not be considered for the first time on a petition for rehearing. As stated in Smith v. Crocker First Nat. Bank, 152 Cal.App.2d 832, 836-837 [314 P.2d 237] : “Counsel are not permitted to argue their eases in a piecemeal fashion and points not previously argued will not be considered where raised for the first time on petition for rehearing. (Citations.) ” As the question of the superior court’s jurisdiction to grant the peremptory writ as issued is not involved, the rule noted in Sime v. Malouf, 95 Cal.App.2d 82, 116 [212 P.2d 946, 213 P.2d 788], regarding rehearings to consider jurisdictional questions is not applicable.

Appellant’s petition for a hearing by the Supreme Court was denied June 24, 1959.