Beall

This is an appeal from an order granting a new trial in an action for damages for personal injuries alleged to have been caused by negligence in the operation of an automobile. The answer, in addition to denying the allegations of the complaint, alleged contributory negligence. The jury brought in a verdict for the defendant and a motion for a new trial was argued and submitted and later granted. The original judgment was entered on March 24, 1930. The minutes of the court under date of April 29, 1930, show the following: “Plaintiff’s motion for a new trial herein having been heretofore argued and submitted to the court for its decision, and after due consideration and the court being fully advised, it is ordered that said motion be, and it is hereby granted.”

The minutes further show under date of May 1, 1930, the following: “Through inadvertence the order heretofore made granting a new trial in the above-entitled action, the grounds were not stated and it is therefore ordered that said order be and it is hereby amended nunc pro tunc as of April 29, 1930, to read: ‘It is ordered that plaintiff’s motion for a new trial herein be and it is hereby granted on the ground of the…