[1] Judgments—Motion to Vacate—Grounds.—A motion to vacate a judgment on the ground that the conclusions of law are not consistent with, nor supported by, the findings is permissible under sections 663 and 663a of the Code of Civil Procedure.

[2] Id.—Entry Through Inadvertence—Belief.—Belief from judgments entered through inadvertence, surprise, or excusable neglect must be sought by a motion made under section 473 of the Code of Civil Procedure.

[3] Id.—Omission to Enter Order—Entry Nunc Pro Tunc.-—Where an order is made submitting a motion for a new trial but, through inadvertence, such order is not entered, the court has the power, at a later date, to order that the entry of the order submitting such motion be then entered nuno pro tunc, as of the previous date.

[4] Id.—New Trial—Denial by Lapse of Time—Subsequent Order Void.—The failure of the court to determine a motion for a new trial within three months after notice of entry of judgment has the effect of a denial of the motion, and an order of the court thereafter made purporting to grant a new trial on certain issues is beyond the jurisdiction of the court and void.

[5] Id.—Order Vacating Judgment—Beview on Appeal—Power of Trial Court to Vacate.—Assuming the validity of an order setting aside a judgment in part, it is subject only to be set aside on appeal or under proper proceedings under section 473 of the Code of Civil Procedure. The trial court has not the power, of its own motion and without notice to the parties affected, to make a second order vacating such first order, even though the latter order was inadvertently made.

[6] Id.—Motion to Vacate—Power of Court—Entry of New Judgment.—On a motion under sections 663 and 663a of the Code of Civil Procedure, the only order within the power of the court is one setting aside the judgment and directing as a part of the same order the entry of another judgment. It is from such an order only that an appeal is provided. An order merely setting aside the judgment and leaving the ease undetermined is void, and not merely erroneous.

[7] Id.—Void Order Setting Aside—Power of Court to Vacate.—A trial court may, of its own motion and without notice to the.parties affected, make an order vacating a previous order, made on a motion under sections 663 and 663a of the Code of Civil Procedure, purporting to set aside a judgment in part, where the latter order did not direct what judgment should be entered.