It was claimed by plaintiff in error that the motion was made for a new trial within the proper time, and that it was error in the court to dismiss it. Five years had elapsed since the trial; there had been several changes in the presiding offi
The papers in this ease were in too imperfect a condition, and the rules regulating motions for new trials too much disregarded, to allow the motion and service to be perfected after such a length of time. It would beget a practice which would produce confusion, and burden the courts with having to decide matters five years after they transpired, and this, too, from the conflicting recollections of the parties; whereas, if the law bad been observed, all would have been in writing, and no dispute as to its correctness.
Ve cannot say that, under the circumstances, the court erred in dismissing the motion.
Judgment affirmed.