Dunn v. Higgins

At the outset, it must be noted that the defendant, appellant herein, argues that the court below, by its decision, circumvented the constitutional provision that “no judgment of any court of record entered on the verdict of the jury shall be set aside or reversed on the weight of the evidence except by the concurrence of all three judges of a Court of Appeals,” as embodied in Section 6, Article IV of the Constitution of Ohio.

*242The decision below, as previously mentioned, was by a vote of two judges to one. The Court of Appeals found assignments of error Nos. 1 through 6 to be well taken, and…