Louisville N. R. Co. v. Scott

On Petition for Mandamus.

FOSTER, Justice.

Final judgment was rendered for defendant on August 27, 1932.

A motion for a new trial was prepared for plaintiff and presented in person to the presiding judge in a county of the circuit •other than that in which the trial was had. The judge indorsed on it an order continuing the motion to December 24, 1932, .and dated the order September 7, 1932. The motion had not been filed with the clerk before it was presented to the judge and ordered continued by him. Its date of filing is September 8, 1932, after the judge had indorsed it. On December 7, 1932,…