Opinion op the Court by

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.