Neff v. McKelvey

The sole question involved is whether two judges of the Court of Appeals may, over the objection of the appellant,'hear and determine an appeal on questions of law where one of the errors assigned is that the decision of the trial court (a jury having been waived) is against the manifest weight of the evidence.

The journal entry of the Court of Appeals contains the following recitation: “This cause came on for hearing and appellant moved for a hearing before a full court and objected to proceeding with the hearing before the two judges present, and it appearing to the court that the two judges…