Beeland v. Butler-Payne Lumber Co.

1. Where a rule nisi, issued upon the filing of a motion for a new trial, was not served on the respondent, and service was not expressly waived, an agreement, made in open court by counsel for the respondent, to the passage of an order setting a hearing upon the motion at a designated time and place, which agreement was recited in the order, and counsel for the respondent afterwards appeared at the time and place set for the hearing on the motion, these facts amounted to a waiver by the respondent, through counsel, of service of the rule nisi. Civil *604Code (1910), § 6080. The case of Smedley…