Richmond's v. Wardlaw & Pogue

The record in this case shows that the judgment was rendered in the Court of Common Pleas on the 9th day of December, 1863, and the motion for a new trial was not filed till the 16th day of the same month. The statute ( R. C. p. 1286, § 6) provides that “ all motions for new trials, and in arrest of judgment, shall be made within four days after the trial, if the term so. long continue; and if not, then before the end of the term.”

In Williams v. Circuit Court (5 Mo. 524), the Supreme Court says: “ The sum of the whole matter under our laws, then, seems to be this; a party sleeps on his rights…