Nationwide Mutual Insurance v. Ballard

This case is now before the Court on Motion of Plaintiffs, filed June 13, 1961, for “the Court to vacate and set aside the judgment entered herein on the 31st day of May, 1961, and grant to these applicants a new trial for the following causes,” enumerating six different grounds.

The particular statutes involved in this Motion are:

Section 2321.17, Revised Code. New Trial Defined; Causes for Granting New Trial. A new trial is a re-examination, in Ihc same court, of the issues after a final order, judgment or decree of the court. A final order, judgment or decree shall bo vacated and a new trial…