Desmond

This action was brought to recover damages for personal injuries, and the verdict was for the defendants. Plaintiff appeals from an order refusing a new trial.

Respondents contend that the order must be affirmed, without considering the alleged errors, because plaintiff lost his right to move for a new trial by his failure to prepare and serve his proposed statement in time. Notice of intention to move for a new trial was given April 7, 1888. The proposed statement was served May 28th—forty-nine days after the notice of intention was given. The adverse party did not consent to any extension of the time. Sundry orders extending the time were made by the court, amounting to forty-five days in all. But the court could only grant extensions amounting to thirty days, which, added to the ten days given by the code, make forty days. The statement was therefore served nine days too late. No excuse is attempted for this delay, but is seems to be contended that the court granted the first extension of fifteen days with the consent of the attorney for defendants. His record does not sustain this contention, but if it did it would not satisfy the exigencies of plaintiff’s case. Such consent…