Hilliker

The plaintiff filed an'action in the superior court against respondents (appellants here) in which they sought a writ of mandate directing the respondents to call a special election responsive to recall petitions seeking the recall of R. E. Dolley, J. R. John, and C. O. "Wheat, as members of the Board of Trustees or City Council of the City of Seal Beach. The respondents by way of return to the alternative writ demurred to the petition and also made a motion to quash the alternative writ of mandate. After argument the court overruled the demurrer and denied the motion and upon the statement of counsel for respondents that he did not desire to raise any issue of fact, but desired to stand upon his demurrer and motion, judgment was entered that the peremptory writ issue and from that judgment the respondents appeal. On the same day that respondents filed their notice of appeal from this judgment they served upon counsel and filed in the court below a notice of motion to set aside and amend the judgment on the ground that the judgment recited that counsel for respondents “on behalf of said defendants, and each of them, stipulated in open court that said plaintiff, have judgment as…