Hopkins v. Western Pacific Railroad

By the Court, Belcher, J.:

The plaintiff recovered judgment against the defendant on the 25th day of May, 1870. On the next day, by the consent of the attorneys for the parties, expressed in open Court, it was ordered by the Court that the defendant have forty days from that time in which to file a statement on motion for a new trial, and that all proceedings be stayed until the motion for a new trial should be disposed of.

On the twenty-ninth of June the defendant filed its proposed statement on motion for a new trial, and thereupon it was stipulated by the attorneys of the parties that the…