Long v. McMahan

O’NEAL, Justice.

On the 16th day of April, 1952, on application of W. E. McMahan, plaintiff, the trial court entered an order finding that a judgment for $12,000 in favor of plaintiff and against defendant had theretofore been rendered and directed the clerk to file the same and date it the 25th day of May, 1949. No notice of intention to appeal was given on the 16th day of April, 1952, and defendant attempts to appeal from an order overruling the motion for new trial entered the 14th day of July, 1952.

The proceeding upon which the order of April 16, 1952, was entered was not a trial but a…