40.—Motion in error. A motion in error stands on the same footing as a writ of error; the only difference .is that, on a motion in error, no service is required to be made on the opposite party, because, being before the court when the motion is filed, he is bound to take notice of it at his peril. Treadway v. Coe, Conn. 283.—Motion to set aside judgment. This is a step taken by a party in an action who is dissatisfied with the judgment directed to be entered at the trial of the action—Special motion. A motion addressed to the discretion of the court, and which must be heard and determined; as distinguished from one which may be granted of course.