McConville

By this proceeding a writ of mandate is sought to compel the Superior Court to pass upon a motion for new trial. The facts necessary to a determination of the question involved are as follows: Luther Johnson filed suit against L. B. McConville for damages based upon alleged negligence by the agent of McConville in operating an automobile owned by the latter. The New York Indemnity Company filed a complaint in intervention; its claim was predicated upon the same facts as those alleged in the complaint of Johnson. Issue was joined upon each of these -pleadings, and the case was tried by the court without a jury. At the conclusion of the trial the court rendered its decision, a portion of the minute order entry of which is as follows: “The court now finds judgment for plaintiff, general damages $3,000.00 and loss of time $4,000.00 (20 months at $200.00) and costs. Intervenor to have lien for amounts paid. Stay of execution of ten days from entry of judgment granted. Plaintiff’s attorney to prepare judgment and findings.” The findings of the court thereafter made included a finding that the intervener had paid the sum of $178.25 for hospital and medical expenses of the plaintiff, but…