Stallings v. Clark

This case was tried before a jury and judgment rendered on July 7, 1925. On July 31st, following, plaintiff (appellant) entered a motion for a new trial. This motion was continued from time to time until December 26, 1925, when the court made an order continuing the motion "to be heard by or before February 1, 1926." This was the last order on the case. The record does not show that the court at any time rendered judgment on the motion, nor that at any time appellant brought the motion to the attention of the court for a ruling. On April 28, 1926, appellant presented his bill of exceptions to…