Gregg v. Garrett

This is an action of claim and delivery of personal property. Through the process therein, plaintiff recovered possession of a certain quantity of hay. Each party claimed to be the owner thereof. The trial resulted in a verdict by the jury in favor of defendant for the return of the hay to him, or the payment of one hundred dollars, the value thereof, to defendant by plaintiff, and judgment was entered accordingly.

Plaintiff prepared and served a notice of intention to move for new trial, wholly omitting to state therein, as required by statute, whether the motion would “ be made upon…