Houser & Haines Manufacturing Co. v. Hargrove

The appeal in this case is taken from the judgment, as well as from the order denying plaintiff’s motion for a new- trial. This,-judgment was entered on the twelfth day of August, 1897, and the notice of appeal served August %, 1899, nearly two years after the rendition of the judgment. This court, therefore, cannot entertain the appeal from the judgment. The order denying the plaintiff’s motion for a new trial was entered June 6, 1899, and the notice of appeal therefrom, as already shown, was in time. The motion for a new trial, under our code and practice, is a proceeding independent of the…