Brady

This case came before the Supreme Court ■ on appeal from the judgment, and was decided on the 6th day of November, 1877. (See report of it, in 53 Cal. at page 49.) The Court, on the appeal, reversed the judgment, and remanded the cause, with directions to enter judgment for the plaintiff on the findings. The remittitur was ordered to be issued forthwith. On the return of the remittitur to the Court below, and its filing therein, that Court entered a judgment as directed for the plaintiff. This was done on the 9th day of November, 1877. On the 19th day of the same month, the defendant filed and served notice of intention to move for a new trial, on grounds designated in the notice, and afterward prepared a statement on motion for a new trial, which appears to have been regularly settled by the Judge on the 28th day of March, 1878, the date of his certificate to its correctness. The motion for a new trial was denied on the 29th day of April, 1878: and on the 29th of May following, a notice of appeal from the judgment entered on the 9th day of November, 1877, and from the order above mentioned, denying the motion for a new trial, was given. The cause is now before this Court, on the…