United States v. Erie County

KNIGHT, Chief Judge.

The motion for a new trial must be denied for these reasons :(1) The notice of motion herein was served later than 10 days after the entry of-judgment. Federal Rules of Civil Procedure, rule 59(b), 28 U.S.C.A.

In the draft of the proposed Federal Rules of Civil Procedure, (May, 1936) Rule 65(b) read: “In a case tried by a jury, a motion for a new trial shall be served within 10 days after the reception of the verdict; in all other cases, within 10 days after th& service of notice of the order for judgment.” (Italics mine.) Rule 87 of such draft, also, provided that “The…