Elgin, Joliet & Eastern Railway Co. v. Ashton

— This was an action for damages in which there was a verdict for $1,000 for appellee on which judgment was rendered against appellant. A motion for a new trial was filed in the clerk’s office, in term time. . On the day that the motion was filed, appellant, in open court, had this entry made in the order book by the clerk: “Comes now the defendant and shows to the court the filing of a motion for a new trial in the clerk’s office on March 30, 1928, which motion is in these words, (insert).” Motion was filed by appellee to strike out the motion for new trial and expunge the record entry for…