Cooper v. Owen

FOSTER, Justice.

The record shows that the final judgment was rendered on July 16, 1934. A motion for a new trial was filed July 30, 1934. On July 31st, the order of the judge was that it was submitted on the motion and taken under consideration. No further order was made until October 12, 1934, when the motion was overruled. The bill of exceptions was presented to the judge on December 24, 1934. This was within ninety days after October 12th, and was sufficient if the court had the power to act on the motion on October 12th. Section 6433, Code; Stallings, v. Clark, 218 Ala. 31, 117 So. 467;…