Phillips v. Reaves

(after stating the facts as above).

The appellant, being evidently uncertain as to whether appeal was the proper mode of securing a review of the proceedings had on the defendants’ motion for a new trial, and plaintiff’s motion for a discontinuance of said motion, has presented this case in this court both by appeal and on petition for mandamus. Inasmuch as appellant’s effort is to have an alleged void order or judgment annulled, on the ground that the court had lost jurisdiction of the cause at the time the alleged void order or judgment was pronounced, we are of the opinion that mandamus,…