James v. John Flannery Co.

The trial of this case having resulted in a verdict in favor of the defendant, the plaintiff made a motion for a new trial. An order granted by the court at the same term provides that the motion shall be heard on November 25, 1908, “in vacation,” and proceeds as follows: “If for any reason this motion is not heard and determined at the time and place above fixed, it is ordered that the same shall be heard and determined at *812such time and place in vacation as counsel may agree upon, and upon failure to agree, then at such time and place as the presiding judge may fix on the application of…