Henry v. Merguire

Belcher, C.

This is an appeal by the plaintiff from an order granting the defendant’s motion for a new trial. The motion was made upon a statement of the case, and was granted upon the ground that “ the evidence is insufficient to justify the verdict of the jury and decision of the court.”

The first point made for a reversal is that the statement was not presented for settlement within the ten days prescribed by law, and hence it formed no legal basis to support the motion, and the order granting the motion was erroneous.

Upon this point the statement shows the following facts: “The proposed…