—supreme court has jurisdiction to vacate district court of appeal decision in an original proceeding in mandamus, prohibition, or certiorari and transfer same to itself

If the council holds a hearing on the amount of the assessment, and there is any reasonable ground upon which the council may be said to have made the assessment according to benefits, the action of the council cannot be reviewed on certiorari.

—we cannot enter upon the investigation to which he invites us, and we think it not inappropriate to suggest to members of the bar that they engage in a fruitless labor in petitioning for a rehearing in this court of a cause properly appealed to a district court of appeal upon a statement of facts contrary to, or outside of, the case stated in the opinion of that court. 8 3 "

The practice established by our decisions, to the effect that, in considering petitions for hearing in this court, after judgment in the District Court of Appeal, we will consider only the opinion of that court and will not look into the record, is confined to appeals required by the Constitution to be taken to the District Court of Appeal, and has never been extended to original …

The supreme court called up the action on its own motion and then transferred it to the court of appeal for reconsideration in light of three recent supreme court cases

It will not be presumed that the evidence before the city council was not sufficient to support its conclusions

"When such an order is made within the time prescribed in the Constitution the decision of the district court of appeal is vacated and the matter is transferred to this court for a determination of all the material questions involved therein, to the same extent as if originally instituted in this court

[CITATION] Southern California Law Review

[CITATION] Journal of the State Bar of California