Hodgdon v. S. Pac. R.R Co.

There were several defendants in this action, and judgment went in the court below for plaintiff. A notice of intention to move for a new trial was served and filed by all of the defendants except Leland Stanford and C. P. Huntington, whose names were omitted from the notice. Afterwards, and after the statutory time for filing such a notice had expired, the defendants moved the court to correct said notice by inserting therein the names of said defendants Stanford and Huntington, on the ground of accident, inadvertence, etc. Affidavits were filed on the motion by both sides, and the court…