Legal Opinion

Henson v. Stine

Ohio Court of Appeals

Decided June 1, 1943No. 3584PublishedCited by 3 opinions

1Opinion of the CourtWashburn, J.

The motion of the appellee to dismiss for want of jurisdiction is overruled.

This was an equity case, and in such case the time for the filing of a motion for a new trial runs from the date of the judgment. In law cases the time for filing the motion is from the verdict, or, where-there is no jury, from the finding of tiro court, which is the equivalent of a verdict. There is no such thing as a “verdict” in an equity case, and therefore no such thing as the equivalent of a verdict. Consequently, the written opinion of the trial court in this case, although “filed,” was not the date from which…

2Cited by3 opinions

  1. Fruth Farms, Ltd. v. Village of HolgateDistrict Court, N.D. Ohio · 2006
  2. State, Ex Rel. Goldsberry v. WeirOhio Court of Appeals · 1978
  3. Ottawa County Commissioners v. MitchellOhio Court of Appeals · 1984

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