Bishop v. Foley

The opinion of the court was delivered by

Marshall, J.:

The plaintiff commenced this action in the city court of Atchison to recover on a promissory note. On March 17,1915, judgment was rendered in favor of the defendants for $125. On March 20, 1915, the plaintiff filed a motion for a new trial, and on April 3, 1915, the motion was called for hearing. The docket of the city court recites the following:

“The defendants objected to the hearing of such motion for new trial for the reason the same had not been heard and determined by the court within five days from the date of trial, such objection…