Reed

This is an appeal from a judgment rendered in a proceeding to condemn the lands of the respondents to the public use and from an order denying the appellant’s motion for a new trial. The ground of the motion *328 was the alleged, insufficiency of the evidence to justify the damages as assessed and awarded by the commissioners. The respondents insist that the plaintiffs have no right to be heard upon the appeal from the order, for the reason that the motion was not supported by a statement of the evidence in the court below, and they move that the appeal from the order be dismissed.

The thirty-first section of the act of 1861 (Acts 1861, p. 621) is as follows: “The said company, or any of said defendants if dissatisfied with the report, may within twenty days after the time for filing said report, and after ten days’ notice to the parties interested, move to set aside the report and to have a new trial as to any tract of land; and upon good cause shown therefor, the said court or judge shall set aside the report as to said tract of land, and may recommit the matter to the same or to other commissioners. ’ ’ The act gives no clue to the causes or grounds upon which a new trial may…