CARR, Presiding Judge.
On February 5, 1953, the plaintiff recovered judgment against the defendant in the Intermediate Civil Court of Birmingham, Alabama. On February 16 the defendant filed a motion for a new trial. The motion was set for hearing on March 6.
On February 23 the trial judge entered an order dismissing the motion for a new trial. For aught appearing from the record this action was taken ex mero motu. On this latter date the defendant perfected...
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