Wheeler

—Action to recover judgment on a promissory note and for the foreclosure of a mortgage given to secure the same. Findings were filed and judgment ordered for plaintiff.

*52 The judgment was entered November 19, 1896. Defendants made a motion for a new trial, which motion was denied, and this appeal is from the judgment and order. There is no attack made by defendants upon the judgment and no claim made that the judgment is not the legal conclusion from the facts found. It is sought to review an order denying a motion for nonsuit, certain-findings as not being supported by the evidence, and certain alleged errors of law occurring at the trial, on appeal from the order denying a motion for a new trial. These alleged errors can only be reviewed upon a properly authenticated statement or bill of exceptions. The motion was made upon a statement of the case settled by the judge of the court below. We are met at the threshold with the objection that the statement cannot now be considered on this appeal for the reason that it was not served upon plaintiff’s counsel within the time prescibed by statute, and we think the objection will have to be sustained. The notice of intention to move…