Ferger v. Wesler

Appellee recovered against the appellant a judgment for the possession of real estate. Within a year of the rendition of the judgment, the appellant paid the costs and filed in the cleric’s office a motion for a new trial, as of course, under section 601 of the code, and gave notice that said motion would be heard before the judge in vacation. *54The judge refused to grant the new trial in vacation. This is assigned for error, but it was not error. The section cited says, the court shall vacate the judgment and grant a new trial. “ When a law authorizes or contemplates the doing of a judicial…