Legal Opinion

Strader v. Mendenhall

Ohio Court of Appeals

Decided June 6, 1959No. 561Published

1Opinion of the Court

OPINION

By KERNS, J.:

This is an appeal from an order of the Common Pleas Court of Clark County sustaining a motion for a new trial on the ground of misconduct of a juror. The motion was directed to a verdict for the defendant in a bastardy case.

At the outset, it is apparent that no useful purpose may be served by reviewing in detail the many cases which discuss whether the sustaining of a motion for a new trial after verdict and judgment is an appealable final order.

Suffice it to say that the most recent legislative attempt to imbue such an order with finality (§2305.02 R. C.), was thwarted by…

2Cases cited4 opinions

  1. Klever v. Reid Bros. Express, Inc.Ohio Supreme Court · 1951
  2. Hiboluk v. PozniakowOhio Court of Appeals · 1957
  3. Steiner v. CusterOhio Supreme Court · 1940
  4. Choate v. JacksonOhio Court of Appeals · 1957

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