Wood v. Fobes

Heydenfeldt, J., concurred.

This is an appeal from an order granting a new trial—appellants having recovered a verdict in their favor from the jury in the Court below. A statement and motion for a new trial .were made out, and filed by the attorney of the defendants below, ten days time having been given him for that purpose by the Court. Counsel for appellants objected, that the statement was not made out in the time prescribed by law on an application for a new trial, and moved to strike the statement from the files.

The motion was overruled by the Court, and a new trial granted, and from the…