Stolz v. Drury

The statute in force at the time this cause was commenced, and under which appellants claim a new trial as a matter of right, provides, the court in which such judgment shall be rendered, at any time within one - year thereafter, on the application of the party against whom the same was rendered, upon payment of all costs and damages shall vacate such judgment, and grant a new trial.

It is not controverted a motion was made for a new trial, under this statute, on the day the judgment in ejectment was rendered, and two days thereafter, during the same term of court, the defendant paid all the…