In re Plume for Leave to Prove Exceptions

— Original proceeding. The petitioner makes application to this court for leave to prove before a referee, or by deposition, the facts in relation to a statement of the ease on motion for a new trial. The application is made under Section 1157 of the Code of Civil Procedure and Subdivision lé of Rule IV of this court.

*42The petition discloses that a judgment of nonsuit was entered against the plaintiff (petitioner) on the 15th day of February, 1898; that thereafter plaintiff duly filed and served a notice of his intention to move for a new trial of the-cause; that subsequently he served a draft…