List v. Wilkinson

This is an appeal from an order vacating and setting aside a judgment against appellee and granting him a new trial. It is the contention of the appellant that the court, at the time of making such order, had lost jurisdiction of the subject matter of the motion. The record shows the appellant obtained a verdict and judgment against appellee on November 9, 1920. Appellee filed his motion for a new trial November 10th. Hearing upon this motion was, by order of the court, continued from time to time, the last order being entered January 8, 1921, continuing the hearing until January 15, 1921.…