Smith v. City of Birmingham

GARDNER, Justice.

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…