128 So. 599 | Ala. | 1930
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,
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,
The motion of date of May 7, 1929, did not recite that it was under the four months' statute, section 9521, Code; nor were the required initial steps in the proceedings taken for rehearings under said statute and essential to jurisdictions — a presentation of the petition to the judge for the necessary supersedeas, sections 9521, 9523, 9525, Code; Hurt v. Knox (Ala. Sup.)
Appeal dismissed.
ANDERSON, C. J., and SAYRE and BROWN, JJ., concur.