Lauchere

Respondents have made a motion in this court for an order for diminution of the record directing the clerk of the trial court to add to the clerk’s transcript filed herein on April 5, 1929, a certain order of the trial court made on September 20, 1929, which order the clerk of said court pursuant to the order of the trial judge entered nunc pro tunc as of February 21, 1929. The original order made on February 21, 1929, read: “It is ordered that said motion (for new trial) be and the same is hereby granted as prayed for.” The nunc-pro tunc order of September 20, 1929, which respondents' desire incorporated in the clerk’s transcript reads, “ . . . the court in open court stated its views in said matter and particularly stated that the evidence introduced was insufficient to justify the verdict and granting said motion upon that ground.

“It is ordered that said motion for a new trial be and the same is hereby granted as prayed for, and particularly upon the ground of the insufficiency of the evidence to sustain the verdict. ”

The order granting a new trial was attacked by appellant in his opening brief filed herein on July 31, 1929. Respondents are now awaiting our ruling upon this…