Patch v. Buros

STEVENS, Chief Judge.

This appeal involves the procedural aspects for a motion for new trial and the disposition of the motion. A detailed chronology is appropriate to the consideration of the case.

Violet G. Patch was the plaintiff in a personal injury action and the jury returned a verdict in her favor. The verdict was reduced to a formal written judgment which was filed on 2 December 1963, and on the same day a motion for new trial was filed. The minutes reflect that the motion for new trial was argued on 12 December 1963, and the same minutes disclose the following:

“ORDER taking * * *…