Waddingham

This is an action to quiet the alleged title of plaintiff to lots numbered 7, 8, and 9, in block 42, of the town of Ontario, in the county of San Bernardino. The cause was tried by the court, and the judgment was in favor of plaintiff for lots 8 and 9, and in favor of defendant for lot numbered 7.

Each party moved for a new trial upon a distinct bill of exceptions. Both motions were denied, and each party has appealed, — the defendant from the judgment against him as to lots 8 and 9, and from the order denying his motion for a new trial; and the plaintiff from the judgment against her as to lot 7, and from the order denying her motion for a new trial. Both appeals are brought upon the same transcript.

1. Upon the appeal of defendant it will be necessary to consider only one question, viz.: Did the defendant serve his notice of intention to move for a new trial within the time prescribed by section 659 of the Code of Civil Procedure?

*250 The decision of the court was rendered on December 27, 1890. Written notice of defendant’s intention to move for a new trial was not served until January 24, 1891, when defendant’s attorneys admitted the service, but expressly reserved and…