Eaton v. Eaton

JUSTICE, PJ.

It is contended that Judge John S. Snook should have sustained the motion for a new trial for the reason that he did not have the power to hear and determine the motion for a new trial and that the only thing he had the right to do, was to grant the motion for a new trial as a matter of course. In support of this contention, our attention is invited to the case of Redman v Price Brothers Company, 27 Ohio Nisi Frius Reports (N.S.), 287. The syllabus in this case reads as follows:

“A motion for a new trial which involves á consideration of matters not disclosed by the record, such as…