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Equator Mining Smelting Company v. Hall, a judgment for the possession of the property in controversy At the December term, 1878, of the circuit court the case had been submitted, by agreement of the parties, waiving a jury, to the judge, who rendered a judgment in favor of the defendant Thereupon the plaintiffs paid the costs of the suit up to that time, and moved the court to grant them a new trial without showing any cause, which was ordered under the provisions of section 254 of the Code of Civil Procedure of Colorado At the May term, 1879, the case was submitted to a jury, and a verdict was rendered for the plaintiffs, on which judgment was entered on the fifteenth of July The defendant then made a motion for a new trial without showing cause, which was claimed to be a matter of right under the same section On the question whether this new trial should be granted, the judges of the circuit court were divided in opinion, and a judgment was entered overruling the motion They have certified that question to this court .
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