Only one motion for a new trial can be made in an action, and that can only be made after all the issueshave been heard. The order granting a new trial was therefore a nullity. (Bates v. Gage , 49 Cal. 126.)
No brief on file for Defendant.
OPINION The Court:
We think the facts set forth in the petition do not entitle the plaintiff to the relief prayed for.
Writ denied.