Ex Parte Smith

Petitioner on November 3, 1932, recovered in the Jefferson circuit court a judgment against the city of Birmingham in the sum of $5,000. On November 17, 1932, the defendant filed motion for a new trial, which was duly presented to the special presiding judge, and by him continued to December 10, 1932, upon which date the motion was submitted by agreement of counsel on written briefs and taken under advisement. Thereafter, on January 14, 1933, the presiding judge entered in said cause the following order:

"On this the 14th day of January, 1933, came the parties by their attorneys, and this…