Hauck v. Hauck

OPINION

By BARNES, J.

The above entitled cause is now being determined on plaintiff’s appeal on questions of law from the judgment of the Court of Common Pleas of Franklin County, Ohio.

One very serious question presents itself, although not discussed in the briefs.

We find that the notice of appeal is defective in that it attempts to take an appeal from the judgment of the trial court overruling the motion for new trial.

The courts of this state have universally held that the overruling or sustaining of a motion for new trial is not a final order. The Legislature rather. recently amended §12223-2…