Packer

This case was tried by the court, without a jury, in June, 1891, and the 18th of September following findings were filed and judgment entered in favor of the defendants. Written notice of the decision was served on the plaintiffs by the defendants on the day the findings were filed. Thereafter, on the 28th of the same month, the plaintiffs served and filed written notice of their intention to move for a new trial. *316 The notice stated that the motion would be made upon the minutes of the court, and upon the grounds of insufficiency of the evidence to justify the decision; that the decision was against law; and of errors in law which occurred at the trial and were excepted to by the plaintiffs. Attached to the notice were numerous specifications of the particulars wherein the evidence was alleged to be insufficient to justify the decisiou, but there were no specifications of any errors in law.

Thereafter, on the 7th of December, 1891, plaintiffs served on defendants and filed in court a notice that they would apply to the court for permission to amend their “ notice of intention to move for a new trial” by adding thereto a specification of “ errors in law.” Accompanying this…