
    J. C. Calhoun et al v. King & King.
    Trial — Motion to Suspend Judgment.
    The entry of a motion for a new trial on the motion docket, and not prosecuting it in court, or having it entered on the minute or order book, is.not sufficient to suspend a judgment.
    APPEAL FROM MCCRACKEN CIRCUIT COURT.
    December 7, 1870.
    
      Rodman, for appellant.
    
    
      King, fo'r appellee.
    
   Opinion op the Court by

Judge Robertson:

The ex parte entry of the motion for a new trial on the motion docket out of court and never prosecuting it in court or having it, with the grounds of it, entered on the minutes on. order book or calling it up for adjudication, was not sufficient to suspend the judgment. And the execution on that judgment Avas therefore legal, and the judgment of the circuit court to that effect ivas consequently right.

Wherefore, the judgment is affirmed, with damages.  