Choate v. Jackson

This cause comes before us on a motion to dismiss the appeal from the Common Pleas Court, Division of Domestic Relations, on the ground that the order appealed from is not a final order.

The lower court granted a new trial on the ground of newly discovered evidence, after the jury returned a verdict for the defendant in a bastardy case.

The matter is discussed in 2 Ohio Jurisprudence (2d), 635, Appellate Review, Section 61, cited by plaintiff-appellee, which, in part, reads:

“The Legislature has twice attempted to impress with finality an order granting a new trial. The legislative effort of…