Diamond v. Superior Court

Petitioner applies for a writ of certiorari to annul an order of the superior court granting a new trial, or, in the alternative, for a writ of mandate requiring the trial court to vacate such order. In an action wherein E. F. Diamond, as administrator, the petitioner here, was plaintiff, and Edward H. Geib was the defendant, the court sitting without a jury, judgment was entered in favor of the plaintiff and against the defendant. Thereafter defendant filed his notice of appeal under the alternative method, and duly demanded a transcript of the evidence and proceedings. He also served and…