Witter

Action to enforce payment of an assessment for street work. Judgment was given for defendants on motion for nonsuit, from which and from the order granting defendants’ motion plaintiff appeals. The judgment was filed and entered June 26, 1896, and notice of judgment was served June 27th. The record shows the following: July 6th, plaintiff served his proposed statement on appeal; on July 11th, defendants served proposed amendments to statement; July 15th plaintiff delivered to the judge the proposed statement and amendments; July 30th, plaintiff served notice on defendants that the statement and amendments were presented to the court July 15th for settlement; and on August 1st, he served notice on defendants that the statement would be presented to the judge for settlement on August 8th. At the hearing defendants’ attorney filed written objections to the settlement of the statement. The court overruled the objections and settled the statement, to which defendants excepted. Plaintiff did not move for a new trial, and no notice of such motion was necessary to entitle him to have the errors reviewed of which he complains if he had pursued the statutory course. Plaintiff presented for…