Holland

Judgment in this action was affirmed this day in Number 18049 (ante, p. 206 [ 335 P.2d 769 ]). After entry of judgment and denial of motions for judgment notwithstanding the verdict and for new trial, appellants moved (Code Civ. Proc., §473) to set aside the judgment as void. In addition to their appeal from the judgment (No. 18049), they appeal separately from the order denying this motion.

Upon the appeal from the judgment we have held that the agreement of the parties was not required to be in writing and was not illegal. This disposes of appellants’ claim that the judgment is void because based upon an invalid or illegal contract.

However, appellants also assert that the judgment is void because the pretrial judge and the trial judge were stockholders and directors of a title company which was joined as a defendant. This contention was first asserted in affidavits supporting the present motion, made after judgment. The point is without merit. It appears that at the outset of the pretrial conference, plaintiffs-respondents dismissed as to the title co?npany. Formal written dismissal was filed before trial, but some 12 days after the pretrial conference. However, the written…