276 P. 628 | Cal. Ct. App. | 1929
Mandamus to require the superior court of Kern County to enter a judgment in conformity to the mandate of this court. On December 21, 1927, a decision in the cause entitled W.S. Lierly
v. David H. McEwen was rendered herein reversing the judgment of the superior court of Kern County, and thereafter aremittitur was issued to such court on the twentieth day of February, 1928. The remittitur directed respondent herein to enter judgment in accordance with said decision. (
It is therefore ordered that respondent judge vacate and set aside the judgment signed and entered by him in said action ofW.S. Lierly v. D.H. McEwen on June 28, 1928, and sign and enter in lieu thereof a judgment awarding McEwen 1/384 of seventy-five per cent of all oil produced by the oil company from the lands in question and that he also award petitioner 1/48 part of all sums of money paid by the oil company and held by the trust company for the use and benefit of those entitled thereto.
Knight, J., and Cashin, J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on May 2, 1929, and a petitioner's application to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on May 29, 1929.