White

Upon a former appeal in this case, the judgment in favor of the respondent there, the appellant here, was reversed by the supreme court, "with directions to the lower court to enter a judgment on the findings for the appellant as prayed for in this answer”: White v. Wise, 134 Cal. 613 , 66 Pac. 959 . The appellant mentioned there was Wise, the respondent here, and the prayer of his answer was as follows: "That the prayer of said complaint may be denied, and that said plaintiff take nothing by this action, and that this defendant have judgment against plaintiff for his costs herein incurred.” Upon the receipt of the remittitur the lower court, on motion, rendered judgment as follows: "Now, therefore, in pursuance of the premises, and in accordance with judgment, decision and direction of the said superior court, .... it is ordered, adjudged and decreed that the prayer of plaintiff herein be, and the same is hereby, denied; that the said plaintiff shall take nothing by this action; and that the defendant John H. Wise shall have and is hereby given judgment against said plaintiff Frankie White for his costs herein incurred, amounting to the sum of $153.80. And said defendant is…