Henry

This is an appeal by the plaintiff from an order granting the defendant’s motion for a new trial. The motion was made upon a statement of the case, and was granted upon the ground that “ the evidence is insufficient to justify the verdict of the jury and decision of the court.”

The first point made for a reversal is that the statement was not presented for settlement within the ten days prescribed by law, and hence it formed no legal basis to support the motion, and the order granting the motion was erroneous.

Upon this point the statement shows the following facts: “The proposed statement was served on plaintiff November 21, 1893, and on November 28th the plaintiff served his proposed amendments. Thereafter, and within five days after November 28, 1893, the defendants served notice on plaintiff that said proposed amendments were not accepted, and that said proposed statement and the proposed amendments thereto would be presented to the court for settlement on December 11,1893. On said December 11th, when presented, the plaintiff objected to the settlement of said statement on the ground that presentation was not made in time, and said objection was overruled by the court and…