Francis v. Superior Court

By this proceeding petitioner seeks by writ of prohibition to restrain the superior court from enforcing its order granting a new trial in the case of Ruth Brune v. Guy Francis. It is urged that such order was void for the reason that it was made more than sixty days after *644service of written notice of entry of judgment in violation of section 660 of the Code of Civil Procedure. Neither respondent court, nor Ruth Brune, the real party in interest, although properly served, has appeared in this proceeding in opposition to the granting of the writ.

There can be no doubt but that the writ should…