Rhodes v. Spencer

         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.