Hamilton

Appeal from an order refusing to settle defendant’s statement on motion for a new trial, a»d dismissing said motion.

*606 After the service of defendant’s proposed statement the plaintiff, upon due notice, moved the court to refuse to settle the same, and to' dismiss defendant’s motion for a new trial, and to deny the same upon the following grounds: “1. That it is a mere skeleton statement, and does not substantially conform to the requirements of the Code of Civil Procedure; 2. That the same was not served within the time allowed by law, nor within the time to which the court had jurisdiction to extend the time, and the court made no order extending the time for preparing and serving the statement on motion for a new trial; 3. On the further ground that said alleged statement on'motion for a new trial was not served upon a judicial day, but was served upon the day of a general election.”

The court below granted the motion upon the second ground, and, while saying that it was not necessary to pass upon the other grounds, expressed the opinion that they were insufficient to sustain the motion. Respondent, however, insists that, if the motion was properly granted upon any or…