Merritt v. Carter

FOSTER, Justice.

It is not necessary for the purposes of this case to consider the question of whether the interested parties to a judgment at law can by agreement expressed or implied confer power upon the court to entertain a motion for a new trial made after the expiration of thirty days from the date of its rendition. On this question we refer to McCord v. Rumsey, 19 Ala.App. 62, 95 So. 268, certiorari denied Ex parte Rumsey, 209 Ala. 20, 95 So. 269. Section 6670, Code of 1923, Code 1940, Tit. 13, § 119, did not permit a motion to be made and heard after the term of the court as provided…