Shanks

We have here two appeals from judgments entered in two proceedings, each of which had for its object the establishment of The Paul Bunyan News as a *81 newspaper of general circulation. We shall consider first the appeal from a judgment rendered in the proceeding first begun (herein 3 Civil No. 9739), which judgment declared that The Paul Bunyan News was a newspaper of general circulation in the county of Mendocino.

On November 8, 1955, William P. Grader, as editor of The Paul Bunyan News, filed a petition asking that it be judicially established that the paper was one of general circulation. The petition was opposed and after a hearing, the court signed and filed a document entitled “Decision and Judgment” wherein after discussing various legal issues involved the court stated that the petition “must be, and is, denied.” On December 12, 1955, an order was entered in the court minutes reading, “It is ordered that the petition be and is denied.” The cause rested there until November 7, 1958, when Grader served notice of intention to move for new trial. The motion was timely since no notice had ever been given of the entry of judgment. The trial court, although denying a new trial,…