Collins Paving Co. v. Holseapple

THOMAS, X

The record discloses judgment by default against appellant on January 8, 1929, and appeal on July 25, 1929. Without more, the record would present a question of jurisdiction. A judgment by default and motion to set same aside do not suspend the running of the statute. Childers v. Samoset Cotton Mills, 213 Ala. 292, 104 So. 641; Shipp et al. v. Shelton, 193 Ala. 658, 69 So. 102.

And the mere order of the court overruling a motion to set aside a judgment by default is not appealable. Mosaic Templars of America v. Hall, 220 Ala. 305, 124 So. 879; Ex parte Gay, 213 Ala. 5, 104 So. 898.

The…