Kelleher

— This case was tried by the court, and findings and judgment in favor of the defendant were filed on the eleventh day of June, 1889. On the next day, after the entry of the judgment, a copy of the findings and judgment, and a copy of defendant’s memorandum of costs and disbursements in the action, were delivered to the law clerk of plaintiffs’ attorneys, at their office, and the following indorsement was then and there made by the clerk upon the memorandum of costs; —

On the 21st of the same month, the plaintiffs’ attorneys served upon defendant’s attorneys, and filed, a notice of intention to move for a new trial of the action, and *39 that the motion would be made upon a statement of the case to be thereafter prepared and settled.

On the 2d of July, plaintiffs’ attorneys obtained an order for ten days’ extension of time within which to prepare and serve their statement on motion for new trial, and on the 11th of the same month they obtained another order, for an additional extension of twenty days within which to prepare and serve such statement.

No statement on motion for new trial was ever served or filed, and no order extending the time within which to prepare or serve a…