Dolan

This is an appeal from an order denying a motion to vacate an order granting a new trial, and also a motion to amend the minutes of the court. The action in which these motions were made was one brought to recover damages for personal injuries received in an automobile accident. The case was tried before a jury and a verdict in the sum of four thousand dollars was rendered in favor of plaintiff and judgment was entered thereon on December 15, 1920. Thereafter, on the seventeenth day of December, 1920, defendants made a motion for a new trial and the motion was by the court taken under advisement. No action was had on such motion until January 3, 1921, when the minutes of the court show as of date of December 31, 1920, that the motion was granted as. to defendant Ashe. The term of office of Honorable Phil D. Swing, the judge who tried the ease and who made the order, expired on January 3, 1921. January 1st and 2d were both legal holidays, so that for all the judicial purposes of this ease the term of office of the trial judge expired December 31, 1920, the day the order bore date. After the granting of the motion for new trial plaintiff perfected an appeal from such order.…