Barbee

By this proceeding the petitioners seek a writ of review and the annulment of an order made by the Judge of said Superior Court, granting a new trial in a certain cause heretofore tried in said Court, entitled “Earl V. Barbee and E. L. Schmidt, Plaintiffs, v. C. Welsh et als., Defendants.”

The return to the petition shows that on the twenty-second day of April, 1926, a notice of motion seeking a new trial was 'filed by the defendants in the cause last mentioned ; that on the twenty-third day of April, 1926, judgment was entered in the said cause and notice of the entry of said judgment served upon the defendants on the twenty- sixth day of April, 1926; that thereafter and upon the twenty-sixth day of April, 1926, the defendants immediately served and filed a second notice of motion for a new trial; that thereafter and in due course of time the defendants’ motion for a new trial was called for hearing and argued by counsel for the respective parties, submitted to the court and on the twenty-fifth day of June, 1926, the court, while in regular session, granted defendants’ motion for a new trial and made its order in open court granting the defendants’ motion for a new trial on all…