Morgan v. Western Auto Supply Co.

Bell, Judge.

The appellant strenuously contends that the plaintiff filed more than one extraordinary motion for a new trial, and labels as such the prior motion presented by the plaintiff on March 4, 1960, to vacate the order dismissing the plaintiff's demurrers and to vacate the judgment rendered. We do not agree with this contention, for under the view we take of this case, neither of these motions may be labeled properly as an extraordinary motion for a new trial. Thus the question of the identity of the motion 'arises, and this point claims our initial consideration.

By the terms of Code §…