Patrick v. Morse

—This is an appeal by defendant from an order granting a new trial.

Judgment was ordered in favor of defendant August 19, 1879. The cause was tried with a jury, and no notice of the decision of the court was given to the plaintiff prior to service by him of notice of intention to move for a new trial on the 7th day of November, 1879. August 29, 1879, plaintiff had, however, served notice of a motion to vacate and set aside the judgment, and the point made by appellant is that the plaintiff’s right to move for a new trial expired in ten days after August 29, 1879, when, as appears by the…