Thorne v. Ornauer

Upon perfection of the appeal from the judgment rendered by the justice, this cause was pending before the county court for a trial de novo. Thereafter the procedure was governed by the practice prescribed for the trial of causes in that court. As the law then stood, by section 389 of the Civil Code, notice of all motions set for hearing in that court, except those made during the progress of a trial, was required to be given the opposite party. This notice of motion, when made in term time, was served by entering the same in a book kept for the purpose, called the “ motion book; ” the motion…