Durbin v. Humphrey Co.

The sustaining of appellee’s motion for a new trial, after setting aside a judgment rendered in favor of appellant upon its motion for a directed verdict, took away appellant’s right to have final judgment entered in its favor, and is a final order from which appeal may be prosecuted. Jacob Laub Baking Co. v. Middleton, 118 Ohio St., 106, 160 N. E., 629; Hocking Valley Mining Co. v. Hunter, 130 Ohio St., 333, 199 N. E., 184; Michigan-Ohio-Indiana Coal Assn. v. Nigh, 131 Ohio St., 405, 3 N. E. (2d), 355; Murphy v. Pittsburgh Plate Glass Co., 132 Ohio St., 68, 4 N. E. (2d), 983.

It is the…