Fraser v. Alpha Combined Heating & Lighting Manufacturing Co.

This is an appeal by the defendant from a judgment entered on Hay 10, 1898, on the verdict of a jury.

The notice of appeal was served'on Hay 17, 1898, and purports to appeal from the order denying the motion for a new trial, as well as from the judgment. But, in fact, no motion for a- new trial was, therefore, made. Such motion was not made until September 23, 1898, when an order was entered, denying the motion with the same force and effect as if a motion for a new trial on the same *423grounds had been made on the minutes at the close of a new trial and denied.” The effect of this provision of…