J. J. Funsten & Co. v. Fox

The opinion of the court was delivered by

Allen, J.:

This case is brought here on petition in error, and case-made attached. Briefs have been filed by both parties. Defendant in error objects to the consideration of the alleged errors which plaintiff seeks to have examined, for the reason that the case was not served within the time allowed by the trial judge.

The trial was commenced on the 19th of April, 1889. The plaintiff’s motion for a new trial is marked “Filed April 20, 1889.” The journal entry of judgment and of the order overruling the motion for a new trial bears date April 19.…