Vaughn v. Missouri Pacific Railroad

It is recited in the bill of exceptions that the defendant’s motions for new trial and in arrest of judgment were filed within four days after verdict and judgment; but the record affirmatively shows that the verdict and judgment were rendered on the 23rd of June, 1884, and that the motions for new trial and v in arrest of judgment were filed on the 30th day of August, 1884. These motions were not, therefore, “made within four days after the trial,” as required by the statute. — Rev. Stat. sect. 3707. It follows, upon a well settled rule of procedure, that we can consider nothing except what…