McConnell

There has been filed in this matter what purports to be a verified petition for a writ of review. It appears therefrom that an action was heretofore commenced in the superior court of the state of California in and for the county of Sonoma, wherein Christian Sehlake, Jr., was plaintiff and Emmett W. McConnell, petitioner herein, was defendant, which cause was thereafter transferred to the superior court of the state of California in and for Alameda County. After trial by the court, findings of fact and conclusions of law were duly made, and judgment was entered thereon for the defendant. The plaintiff in the action thereupon made a motion for a new trial upon all the statutory grounds, and served and filed his affidavits in support thereof. The defendant, petitioner herein, opposed said motion and in support of his posi tion likewise filed an affidavit. Motion for a'new trial was granted.

Thereupon the defendant, this petitioner, made a motion to vacate the order granting a new trial and for an order re-entering judgment in his favor. This motion was denied.

[1] Petitioner now files in this court what purports to be a petition for writ of review, but which, in reality, appears…