New Trial—Notice op Intention—Service and Filing.—A notice of intention to move for a new trial must not only be served but filed within the time prescribed by the code, and although it is served within the time but not filed, the court is without jurisdiction to entertain the motion, and has no power even under section 473 of the Code of Civil Procedure to relieve the party of his failure to file the notice in time, upon an affidavit' explaining such failure.

Id.—Statement on Motion por New Trial—Use on Appeal prom Judgment — Valid 'Proceeding for New Trial Essential.— A statement settled in connection with a motion for a new trial may be used on an appeal from a judgment, and the right to so use it does not depend upon the fact that it was actually used on a motion for a new trial, or that an appeal was taken from the order denying the motion for a new trial; but there must be a valid proceeding on a motion for a new trial and the statement must be properly prepared in connection with such proceeding.

Id.—Invalid Proceeding por New Trial — Appeal prom Judgment — Failure to Prepare Statement in Time—Belief.—Notwithstanding the failure to properly initiate a proceeding for a new trial, the moving party may be relieved by the trial court under section 473 of the Code of Civil Procedure from his failure to present his statement or bill of exceptions in time, in order that it may be used on an appeal from the judgment, as the proposed statement may be regarded as having a double aspect—as designed to be used both on a motion for a new trial and on an appeal from the judgment, and although failing in the first aspect, it may be used in the other; but where no application for relief under section 473 is made, and the court does not undertake to grant such relief but merely settles the bill over the protest of the other party, the statement is wholly void for either use on an appeal from the order denying a new trial or on an appeal from the judgment.

Id.—Appeal upon Judgment-roll—Errors Considered.—Where an appeal stands upon the judgment-roll alone, only errors appearing therein can be considered, and the court cannot consider alleged error in excluding certain evidence offered for the purpose of proving the testimony of material witnesses who had testified at the former trial, but who bad since died.

Id.—Action on Promissory Note—Proper Nonsuit.—In an action on a promissory note, the contention that a nonsuit cannot be upheld for the reason that the complaint alleged the making of the promissory note, which is set up verbatim in the complaint, and the answer admitted the delivery of said note and nonpayment, cannot be maintained, where the answer sets up by way of defense matters considered and approved in a previous decision of the supreme court in the ease and denies various material allegations of the complaint. Id.—Reversal of Judgment—Findings Nullified — Pleading on Information and Belief.—Findings are nullified by a reversal of a judgment on appeal, and it is not only necessary for the plaintiff to plead and prove over again the facts material to Ms cause of action, . but proper for the defendant to deny them; and the contention that inasmuch as many of the allegations of the complaint were based upon the findings of the court at the former trial, the facts covered therein had been proven and were known to defendant, and could not be denied upon information and belief, cannot be sustained.

Id.—Law of the Case.—The former decision of the supreme court in the ease is conclusive in regard to all questions decided therein.

Id.—Pleading—Denial of Material Allegation of Complaint—Motion for Judgment on Pleadings.—Where the answer set's up a good defense, and denies material allegations of the complaint, it is sufficient as against a general demurrer, and the plaintiff is not entitled to judgment on the pleadings.