Gunten v. New Justice Coal Co.

The decision of the Court of Common Pleas and the affirmance thereof by the Court of Appeals were based upon the same grounds, to wit, that this action was pending on October 11, 1945, and that, therefore, it was essential that the application for a new trial be filed in the manner and within the time prescribed by Section 11578, General Code, as in effect before that date, and not in the manner provided by Section 11578, General Code, as then amended. Section 11578, General Code, as in effect prior to October 11, 1945, provided as follows:

“The application for a new trial must be made at the…