Dorrough v. MacKenson

FOSTER, Justice.

In this cause appellant began a suit by attachment, which was abated on plea. See 229 Ala. 336, 157 So. 257. He then made a motion to retax the costs on account of the number of defendant’s witnesses under sections 7239, 7240, and 7247, Code. The court made an order on that motion on April 29, 1935, in the following language: “Motion to retax court cost having been filed more than thirty days after judgment in the case this court ■ overrules the motion.” This order was not extended in the form of a judgment.

Appellant then filed a petition in this court praying for a writ of…