Wastl v. Montana Union Railway Co.

Respondent, by motion, urges the dismissal of this appeal on alleged grounds.as follows: 1. Because appellant, by leave of court, withdrew his motion for a new trial, and thereafter filed another motion in its stead, “ long after the time for filing notice of intention to move for a new trial had expired, as appears from the transcript on appeal ”; 2. Because “appellant consented that the court might pass on the motion for a new trial without taking time to consider the same, and that, so far as appellant was concerned, the motion might be then and there overruled by the court.”

It appears…