17 Wash. 126 | Wash. | 1897
The opinion of the court was delivered by
Action by plaintiff, respondent here, against defendant for damages for breach of contract. Yerdict of jury for defendant. Within two days after rendition of the verdict the plaintiff - filed and served on the defendant a motion for a new trial, specifying the grounds relied upon in the motion. The court, upon hearing the motion, granted a new trial, from which order the defendant appeals.
The first contention of appellant is that no notice of intention to move for a new trial was filed within two days after rendition of the verdict, as required by the statute (Code Proc., § 404), but the motion itself specifying the grounds assigned for a new trial was filed and served on the defendant within the time required by statute. The cases cited by appellant from California and Montana are inapplicable. In those cases, either no notice or motion was filed within the time required by statute, or else the
Scott, G. J., and Anders, Dunbar and Gordon, JJ., concur.