J. D. Boles V. T. E. Bonner Et Al. d/b/A

MERRILL, Justice. Appellant sued appellee and others on an account and for money had and received. At the Conclusion of the testimony the court orally charged the jury, and gave written requested affirmative charges for the appellee, with and without hypothesis. Appellant filed a motion for a new trial, which, after being duly set for hearing, was not acted upon within sixty days as required by Tit. 13, § 119 (the trial Judge did not reside in Jefferson County). The motion thus became discontinued and the matters contained in the motion and the action of the court thereon are not before us on appeal. Alabama Power Co. v. Berry, 254 Ala. 228, 48 So.2d 231; Kelley v. Chavis, 225 Ala. 218, 142 So. 423; 15 Ala.Dig. New Trial +155.