Finkle

This is a proceeding in prohibition to prevent the superior court for San Bernardino County from proceeding with the retrial of an action after an order granting defendant’s motion for a new trial.

The action in which the new trial was granted is one in equity brought in the superior court for San Bernardino County by Sophia A. Finkle against F. C. FinkJe to cancel an agreement for the conveyance of real property. It was tried in that court before a jury on October 16, 1923, the Honorable J. A. Smith, Judge of the superior court for Calaveras County, presiding. A verdict for the plaintiff was returned by the jury. The verdict, though advisory only— the case being of equitable cognizance—was evidently adopted by the court, for it is shown by the petition that on February 29, 1924, a judgment in accordance with the verdict was entered in favor of the plaintiff in the action. On March 5, 1924, notice of the entry of the judgment was served upon the defendant, who, within due time and on notice given by him as required by law, moved the court, Judge Smith presiding, to grant a new trial of the cause. The motion was taken under submission, and on May 5, 1924— the last day allowed by…