Broder

Application for writ of mandate.

In Broder v. Conklin, 98 Cal. 360 , the order of the superior court of Mono county, setting aside a judgment that had been entered on the judgment book of that court in pursuance of certain findings of fact and conclusions of law previously filed therein, was affirmed, and after the remittitur had been filed in the court below the petitioners herein made a motion before that *122 court, that a judgment and decree be entered in the cause upon said findings of fact and conclusions of law. This motion was denied by the superior court, and the petitioners have made application to this court for a writ of mandate, directing the respondent to render and enter a judgment in accordance with and upon said findings of fact and conclusions of law.

A judgment is the final determination of the rights of the parties in an action, and when the action is tried by the court, cannot be entered until after a decision of the cause has been rendered; hence a writ of mandate will not be granted to compel a court to enter a judgment in a cause until after the court has tried the cause and rendered its decision. So long as any judicial act remains to be performed before…