Rosumny v. Marks

The plaintiff contends that at the time the motion for a new trial was granted the Circuit Court had lost jurisdiction of the cause for the reason that the motion was not determined during the September term of court, at which the judgment was entered, nor during the succeeding October term of court, and there was no order made or entered extending the time in which to hear and determine the motion for a new trial during the September term or October term of the Circuit Court.

It appears from the bill of exceptions that the motion for a new trial was called to the attention of the court during…