PHELAN v. SUPERIOR COURT

Docket No. S.F. 17884.

35 Cal.2d 363 (1950)

217 P.2d 951

WILLIAM PHELAN, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

Supreme Court of California. In Bank.

May 9, 1950.


Attorney(s) appearing for the Case

Hallinan, MacInnis & Zamloch and Ralph Wertheimer for Petitioner.

Dion R. Holm, City Attorney, and Joseph F. Murphy, Deputy City Attorney, for Respondents.


GIBSON, C.J.

Petitioner recovered a judgment against George O'Brien in the sum of $2,000 pursuant to a jury's verdict in an action for personal injuries. On O'Brien's motion for a new trial the following order was made: "Motion for new trial denied. Judgment reduced to $1,250." No appeal was taken from either the judgment or the order, and, after the time for appeal had expired, petitioner instituted this proceeding for a writ of mandate to compel respondent court...

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