To vacate an order granting a new trial, where the motion therefor was entered ten days after judgment, without leave first obtained, the rule giving one day in term to move, and at the hearing of the motion, additional affidavits were allowed to be read, copies of which had not been served with the service of notice of the motion, but had been served eleven days thereafter and before the hearing.

Order-to show cause denied June 11, 1896.