Moore

Judgment was entered against defendant in this action on October 27, 1894; his attorney gave notice of intention to move for new trial, and in January, 1895, served his proposed statement in support thereof on the attorney for plaintiff. On March 4, 1895, the latter served certain proposed amendments to such statement on the attorney for defendant. Thereupon defendant’s attorney gave due notice that he would present the proposed statement and amendments to the judge who tried the cause for settlement on March 14, 1895. The matter of settling the statement was postponed from time to time •—at least some of the delay being at the instance of defendant— until some time in October, 1895, when it was found that the proposed statement had been lost. Defendant’s attorney then obtained a continuance until December 18, 1895 (afterward extended by stipulation until January 12, 1896), to enable him to present a redraft of the proposed statement, to be made from the stenographic notes of the trial. He served a paper of that nature, but its correctness as -a rescript of the first draft was disputed by plaintiff’s attorney. On February 10, 1896, the attorney for plaintiff gave notice of motion…