Ex parte United States Hoffman Machinery Co.

STAKELY, Justice.

On December 8, 1955, the Circuit Court of Jefferson County, Bessemer Division, Judge Gardner F. Goodwyn, Jr., presiding, *339rendered a judgment in favor of the defendant in a cause styled T. B. Flynn v. United States Hoffman Machinery Co., a corp. The judgment was based upon a jury verdict in favor of the defendant.

On Friday, January 6, 1956, the plaintiff presented to the trial judge in his office at the court house a motion for a new trial. The motion was filed in the office of the clerk of the court on Monday, January 9th. Defendant filed a motion to strike the motion for a…