Smith v. McCarthy

California Supreme Court
Smith v. McCarthy, 54 Cal. 2d 863 (Cal. 1960)
353 P.2d 293; 5 Cal. Rptr. 685; 1960 Cal. LEXIS 220
Peters, Schauer

Smith v. McCarthy

Opinion of the Court

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.

Dissenting Opinion

PETERS, J.—I dissent.

This case involves the same problem as that involved in Hough v. McCarthy, ante, p. 273, decided this date. For the reasons set forth in my dissent in that case, ante, p. 287 [5 Cal.Rptr. 668, 353 P.2d 276], it is my opinion that the writ of mandate should issue ordering the director to set aside petitioner’s order of suspension and to grant him the hearing provided by law.

Dissenting Opinion

SCHAUER, J., Dissenting.

Without suggesting accord with the views of the majority in Hough v. McCarthy, ante, p. 273 [5 Cal.Rptr. 668, 353 P.2d 276], in other respects, I dissent because I am of the opinion that petitioner has been denied the hearing to which he is entitled by law.

McComb, J., concurred.

Reference

Full Case Name
ROBERT COLLINS SMITH v. ROBERT McCARTHY, as Director of Motor Vehicles
Status
Published