McNeil v. McNeil

*245OPINION

By MILLER, J.

This is an appeal on questions of law from the Court of Common Pleas of Clark County, Ohio. The action was a will contest case, trial was had and the jury returned a unanimous verdict setting aside the will. Within three days thereafter a motion was filed to set aside the verdict as the same was not sustained by sufficient evidence, was contrary to law and errors of law 'occurring at the trial and excepted to by the parties. After the lapse of approximately five years and ten months, the motion was sustained and new trial ordered.

The error assigned is that there was an…