King v. Dearing-Orman Mercantile Co.

The appeal here is not from the'judgment rendered on the verdict of the jury, but from an ordfcr of the circuit judge who presided at the trial, indorsed on the defendant’s motion for a new trial, purporting to set aside the judgment of the court and grant a new trial. This order was made after the circuit court of Franklin county had recessed and the judge had returned to his home — Jasper — in another judicial circuit. The motion for a new trial does not appear to have been filed until after the order of the judge was indorsed thereon, and the order appears to have been indorsed on the…