Ryan & Ream Cattle Co. v. Murdock

Minee, J.:

The record in this case shows that judgment was entered in favor of the defendants September 12, 1890, and on December 8, 1890,’ the plaintiff filed and served its notice of intention to move for a new trial on the ground of insufficiency of the evidence to justify the findings and. decision. On February 9, 1892, notice of appeal from the judgment and order denying a new trial was filed and *498entered. The notice of intention to move for a new trial was not filed or served within the time required by § 3402, Comp. Laws 1888,’ nor was the time for such service extended by the court. The…