Freish v. Spaulding

The defendant in error has filed a plea to the writ of error, averring, in substance, that the writ was not sued out within 30 days from the rendition of the judgment, as required by section 23 of the municipal court act. The plaintiffs in error have each demurred to the plea.

It is recited in the bill of exceptions that the judgment was rendered in the cause June 9,1908, and that, on the same day, the defendants, plaintiffs in error here, moved the court to vacate the judgment and grant a new trial; whereupon the court ordered that the motion be entered and the cause postponed till July 10,…