Brunnings

In this case the superior court made an order for the payment of an attorney’s fee out of the estate of the plaintiff. After payment by the guardian, the appellant, Townsend, made a motion to vacate the order allowing the attorney’s fee, and requiring its repayment by the attorney, with interest. In due time the superior court made an order which expressly vacated the previous order allowing the attorney’s fee, but was not explicit upon the point of repayment. The appellant, acting upon the theory that the effect of the second order was to deny that part of her motion relating to repayment, took this appeal from such denial. But apprehending that it might be held that there had been *648 no decision upon that part of the motion, and in order to be safe, she at the same time commenced an original mandamus proceeding in this court to compel a decision. On the 7th of August, 1900, that case was decided here, the court in bank holding that the motion had been fully decided and that the legal effect of the order was to deny that part of the motion relating to repayment: Townsend v. Angellotti, 129 Cal. 466 , 62 Pac. 59 . The result of that decision was to vindicate the propriety and…