Livesay

Plaintiff was awarded damages by verdict of a jury in an action for personal injuries. After entry of judgment on the verdict, defendant gave notice of intention to move for a new trial. This notice was'given August 24th and the time expired on October 23d within which the court could grant a new trial. Honorable K. Van Zante, Judge of the Superior Court of Kings County, presided at the trial. The motion was presented and submitted September 3, 1931. On October 17, 1931, the trial judge himself wrote and signed a letter to the county clerk of Los Angeles County reading as follows: ‘1 Superior Court Chambers. K. Van Zante, Judge. Hanford, Kings County, California, Dept. 4. Hanford, Cal., Oct. 17th, 1931. Mr. L. E. Lampton, County Clerk, Room 500, Hall of Records, Los Angeles, California. Dear Sir: In the case of Charles Livesay etc. v. Marry I. Deibert, No. 304137, please enter in your minutes order granting motion for new trial, and notify parties thereof. Tours truly, K. Van Zante.” On October 23, 1931, the clerk entered a minute order pursuant to said letter, as follows: (Title of Court and Cause.) “Letters being filed, defendant’s motion for a new trial, heretofore submitted,…