Phelan v. Superior Court

Petitioner recovered a judgment against George O’Brien in the sum of $2,000 pursuant to a jury’s verdict in an action for personal injuries. On O’Brien’s motion for a new trial the following order was made: “Motion for new trial denied. Judgment reduced to $1,250.” No appeal was taken from either the judgment or the order, and, after the time for appeal had expired, petitioner instituted this proceeding for a writ of mandate to compel respondent court to strike from its records that portion of the order which *366reduced the judgment, contending that the order, or the portion reducing the…