Walsh v. Mueller

The respondents move to dismiss the appeal from the order of the district conrt denying a new trial. The first ground of the motion is that the statement on motion for new trial was not served within the time provided by statute, or within the thirty days from the period to which it might be extended. (Comp. Stats., § 536, p. 201.)

We observe, by the record, that the time was extended very much more than thirty days, and without the consent of the opposite party; and if this were all that appeared, the statement on motion for new trial could not be considered. (Doyle v. Gore, 13 Mont. 471.)…