Klann

Action to foreclose mechanic’s lien. Plaintiff had judgment, from which, and from an order denying his motion for a new trial, the defendant owner appeals.

The respondent makes a preliminary objection to the consideration of the statement on motion for new trial, or of the ruling denying such motion, upon the ground that notice of intention to move for a new trial was not filed and served within the time allowed. It appears that written notice of the entry of judgment was served upon the appellant on January 16, 1914. This started the running of the period of ten days within which he was required, if he desired to move for a new trial, to file with the clerk and serve upon the adverse party a notice of his intention so to do. (Code Civ. Proc., see. 659.) At the time of the proceedings here in question, the section just cited had not yet been amended so as to prohibit an extension of this time by order or stipulation. (See Stats. 1915, p. 201.) On January 21, 1914, the appellant obtained from the court an order granting him “ten days in addition to the ten days required by law in which he may file his motion of intention to move for a new trial in said cause.” Within the time, as…