Hegard

The respondent, Hegard, makes the point that this cause should be considered here upon the judgment-roll only, for the reason that the notice of intention to move for a new trial on the part of the appellant, although served within the statutory period of ten days, was not so filed. From the statement on motion for a new trial it appears that findings were filed on the fifth day of February, 1885; that the attorneys for Hegard, at all times during the pendency of this action, resided and had their offices at Quincy, Plumas county, state of California, and that the attorney for the defendant resided and had his office at San Francisco, in the same state, and there was at all times regular communication by mail between those two places; that on the sixth day of February, 1885, one of the attorneys for the plaintiff deposited in the postoffi.ee at Quincy an envelope addressed to the defendant’s attorney at San Francisco, California, which envelope contained two duplicate notices signed 11W.. W. Kellogg and R H. F. Variel, Attorneys for Plaintiff,” to the effect that the trial court, on February 5, 1885, had filed its findings and decision in favor of the plaintiff, which notices were…