Ex Parte Margart

On May 2, 1921, Mrs. A. M.. Margart obtained judgment against W. H. -Eoy and others in the circuit court of Barbour county. On May 4, 1921, the defendants filed in writing in the court a motion for new trial, and it was called to the attention of the court, and the attorney for the-plaintiff accepted notice Of the filing of the motion. No order was entered by .the court continuing it for hearing to a future day.

Before the expiration of the 30 days from the filing of the motion, the attorney for defendant, on May 11, 1921, made application by telephone to the judge of the court to-continue the…