Hosking v. Southern Pacific Co.

Defendant in error raises the objection that this court has no jurisdiction to entertain this writ of error. The objection is based upon the procedure in the court below. The judgment complained of was rendered and entered of record on December 24, 1907. At that time plaintiff in error made an oral motion for a new trial which was overruled and, after such ruling, a motion in arrest of judgment, which was also overruled. On January 18, 1908, plaintiff in error filed a written motion as follows:

“Now comes the defendant, by its attorney, John Maynard Harlan, and moves the court to set aside its…