Wainscott v. Young

OPINION

By ROSS J.

This is an appeal upon questions of law from an order of the Common Pleas Court, overruling a motion to vacate a final decree and for new trial in a partition proceeding.

The action was pending on October 11, 1945.

The decree mentioned in the notice of appeal is designated as a judgment entered March 8, 1947, as “overruling the motion for a new trial and entering judgment for the defendant.”

Reference to the transcript of docket and journal entries develops that on June 3, 1946, the Court made a finding in favor of defendant. No motion for new trial was filed to such finding…