Washington Supreme Court October 28, 1897, No. 2749 (McBroom & Wilson Co. v. Gandy)

The opinion of the court was delivered by

Gordon, J.

Appellant, plaintiff in the lower court, appeals from an order setting aside a verdict of the jury in its favor and awarding a new trial. In this court he assigns two grounds of error: (1) That neither the notice of motion nor the motion itself was served after the filing thereof.