Neale

The plaintiffs are husband and wife, and brought this action to recover damages for personal injuries to the wife, through the negligence of the defendant.

The verdict and judgment were in favor of plaintiffs for damages in the sum of $250.

In due time defendant served notice of intention to move for a new trial, on the grounds,—1. Of accident and surprise, etc.; 2. Of newly discovered evidence, etc.; 3. Of insufficiency of the evidence to justify the verdict, and that it is against law; and 4. Error in law occurring at the trial, etc.; and that the motion would be made upon the minutes of the court, and upon affidavits of newly discovered evidence; but this notice did not state any particular in which the evidence was alleged to be insufficient, nor any particular error in law.

Thirty-five days after the rendition of the verdict of the jury, to wit, on December 20, 1890, the defendant’s attorney notified the attorneys for plaintiffs, in writing, that he would “ bring on for hearing his motion for a new trial, .... a copy of which is hereto attached and herewith served,” on the twenty-sixth day of December, 1890.

Attached to this notice was a formal motion for new trial,…