Gillanders

This is an appeal from an order made-after judgment pursuant to section 663 of the Code of Civil Procedure and from the judgment which followed that order. The plaintiffs are husband and wife.

A rehearing was granted in order that further consideration might be given to the contention of the defendant insurance company that the fact-finding power of the court on appeal under section 4% of article VI of the Constitution and section 956a of the Code of Civil Procedure may not be exercised in aid of a judgment entered pursuant to section 663 of the Code of Civil Procedure. Upon reexamination of the record we deem it unnecessary to pass upon that point for the reason that the appeal may properly be decided on the findings as made by the trial court.

The action is one to reform a liability indemnity insurance policy issued by the defendant insurance company and to recover on said policy when so reformed.

On March 11, 1924, and while said policy was in effect, the plaintiff Grace Gillanders was struck and injured by an automobile operated as a jitney bus by the defendant da Silva in the city of Oakland. In a prior action said plaintiff recovered a judgment against da Silva in the sum…