Rodman v. Reynolds

On the 14th day of October, 1884, final judgment was entered against the appellant quieting title to the real estate in controversy in the appellees. On the 12th day of October, 1885, a motion for a new trial as of right, accompanied by the necessary bond, was filed by the appellant in the office of the clerk. No further steps were taken until the 20th day of that month, when an order was made continuing the case generally.

Under the provision in the code of 1852 it was held that *149the new trial must be obtained or refused within one year, and that it was not sufficient to file the motion within…