Jansson

This is an appeal by the plaintiff from an order denying his motion to strike from the files of the court a notice of intention to move for a new trial served and filed by defendant, plaintiff’s motion being grounded upon the contention that the notice was not served or filed within the time provided by section 659 of the Code of Civil Procedure as it read at the time the motion was made.

As the result of the trial herein the plaintiff recovered a verdict against the defendant on or about the third day of February, 1915, for the sum of thrée thousand dollars. Thereafter, to wit, on the fifth day of February, 1915, a paper was served upon the defendant which, after reciting that for a valuable consideration received the plaintiff assigned to his counsel, Mr. W. C. Cavitt, an undivided one-half interest in the judgment herein, also stated that “said judgment was entered on the 4th day of February, 1915, in Judgment Book 48 at page 125 in the office of the County Clerk of the City and County of San Francisco. Dated February 5th, 1915. (Signed) Hjalmar A. Jansson.” Thereafter and on the sixth day of February, 1915, plaintiff served and filed a memorandum of his costs and…