Linehan v. Devincense

This is an appeal from the order, of the court granting a new trial. The order is in the following language:

“In this action the motion for new trial herein having been heretofore submitted to the court for consideration and decision and now the court having considered the same renders its judgment as follows:

“In consequence of the failure of defendant’s attorney to present the motion it has remained on the calendar. New trial granted November 25, 1912.”

Seemingly from this order a new trial was granted for the laches of defendant’s attorney in failing to present his motion. No neglect of any…