Atchison, Topeka & Santa Fe Railway Co. v. Osburn

The opinion of the court was delivered by

Burch,

The record in this case presents a ques-. tion of practice. In an action against the defendant the plaintiff obtained the verdict of a jury in his favor. The verdict was accompanied by special findings of fact, upon which the defendant moved for judgment in its favor. The motion was sustained, and judgment was entered accordingly. Neither party filed a motion for a new trial. When judgment was rendered on the special findings two days of the statutory time for filing *349a motion for a new trial remained. The plaintiff prosecuted error in this court,…