Werner

This is an action to recover damages for breach of promise of marriage and seduction under such promise. The case was tried before a jury, which returned a verdict in favor of defendant. In due time the plaintiff moved for a new trial and the court made and entered the following order:

“The Court is constrained to hold that the evidence is insufficient to justify the verdict of the jury; that plaintiff has made out a case and is entitled to recover a reasonable sum as damages; that $1500 is a reasonable sum; and that a new trial should be granted unless defendant shall consent to the entry of judgment in favor of plaintiff for said sum of 11500.

“Accordingly it is ordered, adjudged and decreed that if the defendant shall, on or before March 21st, 1925, file herein a written stipulation consenting to the entry of judgment in favor of plaintiff for the sum of $1500 (each party to pay her or his own costs thus far incurred) the motion for a new trial shall be and in such event is hereby denied ; and upon the failure of defendant to file such stipulation and consent on or before said date, to-wit: Saturday, March 21st, 1925, then and in that event said motion for a new trial shall…