Crockett Oil Company v. Effie

HOGAN, Judge.

This appeal is taken from an order denying plaintiff’s motion to quash an execution. So far as they are material to a disposition of this appeal, the facts are that some time prior to November 8, 1961, the plaintiff brought suit on an open account against the defendant, and the defendant filed a counterclaim. On November 8, 1961, a trial resulted in a judgment for the defendant on his counterclaim. On November 22, 1961, the plaintiff filed a timely motion for a new trial. Ninety-one days after the motion was filed, on February 21, 1962, the "trial court acted upon the plaintiff’s…