Karsh

Petition for writ of mandate.

As far as are deemed material to a decision of the principal point of law involved in this proceeding, the pertinent facts are that, following the rendition of a judgment for the sum of $2,500 in favor of the plaintiff in the case of Laykin v. Karsh (the latter of whom being the petitioner herein), the entry of such judgment and the service of notice thereof on the defendant, the plaintiff (the successful party in the litigation) served on the defendant a notice of motion under the provisions of sections 663 and 663a of the Code of Civil Procedure to correct the conclusions of law theretofore signed by the trial judge and, after such correction, to enter “another and different judgment” in the action. Thereafter and in pursuance of said motion, by order of the trial court, the said conclusions of law were “corrected” and the judgment theretofore made and entered by it was ordered vacated, new conclusions of law were signed and “another and different judgment” was rendered by said court, again in favor of the plaintiff, but for the sum of $5,000, instead of the former sum of $2,500. Thereupon and following a notice by plaintiff to defendant of the…