Exception, form of. Exceptions signed by filed with Clerk. out a pleading or any part thereof, granting or refusing a continuance, granting or refusing to change the place of trial; and is also deemed to have excepted to every order, ruling, or proceeding made or had in the action or proceeding, either before or after judgment, upon an ex parte application. 648. (§ 190.) No particular form of exception is required. The objection must be stated, with so much of the evidence or other matter as is necessary to explain it, and no more. But when the exception is to the verdict or decision, upon the grounds of the insufficiency of the evidence to sustain it, the objection must specify the particulars in which such evidence is alleged to be insufficient. 649. A bill containing the exception to any ruling Judge and may be presented to the Judge at the time the ruling is made. It must be conformable to the truth, or be at the time corrected until it is so, and signed by the Judge, and filed with the Clerk. Exceptions not presented at time of ruling. 650. If a bill is not presented at the time of the ruling, a bill containing the exceptions, or any of them, relating to any ruling had up to the time of the entry of judgment, may, upon one day's notice to the adverse party, at any time after such ruling is made, and party, how within thirty days after the entry of judgment, be presented to the Judge and settled, as provided in the preceding section. Notice to adverse settled upon, etc. Exceptions after judgment, etc. 651. A bill containing the exceptions to any ruling made after judgment, except to a ruling made granting or refusing a new trial, may be presented to the Judge at the time of such ruling, and be settled as provided in Section 649; and, if not so presented, may, upon one day's notice, and at any time after, and within ten days of, such ruling, be presented and settled as in such section provided. exception application Court to prove the same, etc. 652. If the Judge in any case refuse to allow an When exception in accordance with the facts, the party is refused, desiring the bill settled may apply by petition to the Supreme Court to prove the same. The application may be made in the mode and manner, and under such regulations as that Court may prescribe; and the bill, when proven, must be certified by the Chief Justice as correct, and filed with the Clerk of the Court in which the action was tried, and when so filed it has the same force and effect as if settled by the Judge who tried the cause. 653. If the Judge who presided at the trial ceases to hold office before the bill is tendered or settled, he may, nevertheless, settle such bill, or the party may, as provided in the preceding section, apply to the Supreme Court to prove the same. Proceed- ings where ceases to hold office. ARTICLE II. NEW TRIALS. SECTION 656. New trial defined. 657. When a new trial may be granted. 658. On what papers moved for. 659. Notice of motion, upon whom served and what to con tain. 660. Motion to be heard at the time specified, or dismissed. delined. 656. (§ 192.) A new trial is a reëxamination of New trial an issue of fact in the same Court after a trial and decision by a jury or Court, or by referees. 657. (§ 193.) The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: When a may be new trial granted. Same. On what papers 1. Irregularity in the proceedings of the Court, jury, or adverse party, or any order of the Court or abuse of discretion by which either party was prevented from having a fair trial; 2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the Court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors; 3. Accident or surprise, which ordinary prudence could not have guarded against; 4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5. Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. Insufficiency of the evidence to justify the ver dict or other decision, or that it is against law; 7. Error in law, occurring at the trial and excepted to by the party making the application. 658. When the application is made for a cause moved for. mentioned in the fifth, sixth, and seventh subdivisions of the last section, it is made upon bills of exception on file; for any other cause it is made upon affidavit. If the application is made upon affidavits, the affidavits of the moving party must be filed with the Clerk and served upon the adverse party, within twenty-five days after the verdict or decision is made. The adverse party may file counter affidavits within five days thereafter, and, upon leave of the Court or Judge, the moving party may within five days file affidavits in rebuttal. 659. The party intending to move for a new trial must, within thirty days after the decision or verdict, file with the Clerk and serve upon the adverse party a notice of his intention, designating therein generally the grounds upon which the motion will be made, and the time and place at which it will be brought on for hearing. The time designated must be not less than ten nor more than twenty days after service of the notice. Motion to be heard at the time specified, or 660. At the time specified in the notice, or at such other time as the Court or Judge may adjourn the hearing to, not exceeding ten days, the motion dismissed. must be heard. If the moving party fail to appear at either time it must be dismissed, and the case will stand as though no motion had ever been noticed or made. If heard by the Court or Judge, it must be decided within ten days after the hearing. make on decision 661. The Court or Judge deciding the motion Judge to must immediately thereafter file with the Clerk of the statement Court a statement in writing, under his hand, con- of the taining: 1. The name of the Court and title of the cause; 2. A reference to all pleadings, papers, bills of exception, and affidavits used on the motion; 3. A statement that the pleadings, etc., so referred to are made part of the statement; 4. The decision of the Court on the motion; 5. The grounds upon which the decision rests; 6. A statement that the party against whom the decision is rendered excepts to the decision. And the statement so made and filed constitutes and has all the force and effect of a bill of exception to the order granting or refusing the motion. motion. This statement to consti tute bill of exception. Judgment to be entered in twenty four hours, etc. Case may be brought before the Court for CHAPTER VIII. THE MANNER OF GIVING AND ENTERING JUDGMENT. SECTION 664. Judgment to be entered in twenty-four hours, etc. 667. In replevin, judgment to be in the alternative, and 668. Judgment book to be kept by the Clerk. 669. If a party die after verdict, judgment may be entered, but not to be a lien. 670. Judgment roll, what to constitute. 671. Judgment lien, when it begins and when it expires. 672. Docket, how kept, and what to contain. 673. Docket to be open for inspection without charge. 674. Transcript to be filed in any county, and judgment to become a lien there. 675. Satisfaction of a judgment, how made. 664. (§ 197.) When trial by jury has been had, judgment must be entered by the Clerk, in conformity to the verdict, within twenty-four hours after the rendition of the verdict, unless the Court order the case. to be reserved for argument or further consideration, or grant a stay of proceedings. 665. (§ 198.). When the case is reserved for argument or further consideration, as mentioned in argument. the last section, it may be brought by either party before the Court for argument. When counter claim established exceeds plaintiff's demand. In replevin, judgment to be in the alternative, and with damages. 666. (§ 199.) If a counter claim, established at the trial, exceed the plaintiff's demand, judgment for the defendant must be given for the excess; or if it appear that the defendant is entitled to any other affirmative relief, judgment must be given accordingly. 667. ($ 200.) In an action to recover the possession of personal property, judgment for the plaintiff' may be for the possession or the value thereof, in case |