Kokole

This is a petition for a writ of review. It appears from the petition that petitioner instituted an action, on December 12, 1909, in the respondent, superior court, against M. R. Hook, the town of Red Bluff, a municipal corporation, and the members of the board of trustees of said town, for the purpose of securing a decree reforming a certain deed, by which certain land was conveyed by said petitioner to said Hook, so that said deed would conform to the intention of the parties with respect to the description of the property so conveyed.

After issue joined and several continuances of the trial of the cause, the action came to trial on the sixteenth day of June, 1910, before the respondent, Honorable J. E. Prewett, judge of the superior court in and for the county of Placer, who had been requested by the judge of the respondent court to sit in the trial of said cause. The cause having been tried, findings of fact, conclusions of law and judgment against petitioner and in favor of the defendants were filed, entered and docketed.

Thereupon the following proceedings were had: July 12, 1910, notice of motion for a new trial was filed by the petitioner here—plaintiff in said action;…