Ex parte Wilson

CARR, Presiding Judge.

On February 5, 1953, the plaintiff recovered judgment against the defendant in the Intermediate Civil Court of Birmingham, Alabama. On February 16 the defendant filed a motion for a new trial. The motion was set for hearing on March 6.

On February 23 the trial judge entered an order dismissing the motion for a new trial. For aught appearing from the record this action was taken ex mero motu. On this latter date the defendant perfected an appeal to the circuit court. The cause was duly docketed and came up for trial on May 26. The attorneys of record agreed to a…