Layne v. Superior Court

THE COURT.

This isan original proceeding in mandadmus asking that the trial court be directed to grant petitioner's motion to offset his judgment against a judgment for the defendant in an action entitled Layne v. Kirby.

In the action referred to petitioner as plaintiff commenced an action for libel in which the demurrer of .defendant Kirby was sustained. Plaintiff appealed to the Supreme Court, which reversed the .judgment and awarded plaintiff costs amounting to $325. The remittitur duly followed and, no motion to tax costs having been made, judgment was duly entered in favor of plaintiff in…