G & D Holland Construction Co. v. City of Marysville

peddling or giving away goods or wares "along or upon" public roads and highways in the unincorporated area of the county. The municipal court overruled Mr. Youngs demurrer to the complaint and the superior court rejected his application for a writ of prohibition. Both proceedings were grounded upon his claim that the ordinance violated freedoms guaranteed him by the First and Fourteenth Amendments to the federal Constitution. He is here by means of an appeal from the judgment of the superior court. The writ of prohibition was an appropriate remedy under the circumstances. (Rescue Army v. Municipal Court (1946) 28 Cal. 2d 460, 463 [171 P.2d 8]; Simpson v. Municipal Court (1971) 14 Cal. App. 3d 591, 594 [92 Cal. Rptr. 417].)