Elliott

The counsel for the defendants, having procured a second return from the district court, applied for a re-hearing, on which application the following opinion was delivered by

Having examined the copy of the record which has been furnished us, we are of the opinion that our former decision was correct. The record shows that final judgment was rendered on the third day of February, and that on the same day an injunction was issued in another suit between different parties to stay the plaintiff’s proceedings in this suit. The injunction was not served, as appears by the return of the sheriff, on the plaintiff until the tenth day of February.

On the seventh clay of February the time expired for moving for a new' trial, four clays having elapsed since the judgment was rendered. Tire application for a new trial was not made until the 11th day of February, and no order had been procured extending the time limited by statute for making such motion. We held in our former opinion in this case, that the making of the injunction order, or even the service of it, could not operate to extend the time for making the motion for a new trial. The motion was, therefore, made too late, and after…

By the Court,

The papers in this cause were destroyed by the late fire, and we must rely upon our recollection of the tacts, as presented on the argument. They were in substance as follows : A judgment was recovered against the defendants in the district court, and a motion for a new trial was made in the cause some thirty days after the rendition of the judgment. The court denied the motion, and from the order of the court refusing to grant a new trial this appeal is taken.

It is provided by section 252 of the Practice Act, that a party who feels himself aggrieved by a judgment against him, may, within four judicial days after such judgment has been rendered, pray for a new trial, which must be granted, if there be good ground for the same. According to this section a motion for a new trial must be made within four days after judg *397 ment; the motion in this case was not made within that time, and was therefore properly refused for that reason, unless there he circumstances which take the case out of the general rule.

It is claimed by the appellants that such circumstances did exist. An order for an injunction was made in another suit, between other parties, for the purpose…