United Security Life Insurance Company v. Jones

We have consolidated an appeal and an original action for mandamus.

*594On March 28, 1961, the trial court entered judgment nil dicit; and, on evidence on behalf of Jones, a jury awarded him $186.-21 under an insurance contract.

On April 11, 1961, United Security filed with the clerk of the trial court a motion to set the judgment aside. This motion was not presented to the trial judge within thirty days of rendition of the judgment, Thus, under Code 1940, T. 13, § 119, the court lost “all power over it [the judgment], as completely as if the end of the term had been on that day.” Later the court…