
    CANEY v. SILVERTHORNE.
    A party failing to give notice, in time, of his intention to move for a new trial, or to file his statement in time, waives his right to move for a new trial.
    Appeal from the District Court of the Fourth Judicial District.
    The facts upon which this case turned, appear in the opinion of the Court.
    
      McDougall & Sharp for Appellant.
    
      Shafter, Park & Shafter, for Respondent.
   Burnett, J., delivered the opinion of the Court—TERRy, C. J., concurring.

The defendant, having failed to give notice of his intention to move for a new trial, or to file his statement within the time limited by the statute, lost his right to move for a new trial. (Practice Act, § 195.)

There is no statement on appeal; the statement for new trial not having been filed in time, is not properly a part of the record. We can only look at the judgment-roll; which, being regular on its face, judgment is affirmed, with costs.  