Ex Parte Strock

SAMFORD, Judge.

A statement of the facts necessary to a decision of this case is as follows: A suit in assumpsit was filed by J. Z. Mims against Dr. C. S. Strock. On March 4, 1935, a judgment was entered in -favor of the plaintiff and against the defendant in the circuit court for $100 and costs of suit, said judgment being entered “by consent.” This amount was paid into the court by the defendant in satisfaction of the judgment. On April 2, 1935, the plaintiff, in person, filed a motion for a new trial in the cause and called the same to the attention of the judge of the circuit- court, who…