APPEAL AND ERROR - ORDER GRANTING A NEW TRIAL AS AN APPEALABLE ORDER

Authors

Michigan Law Review, University of Michigan Law School

Abstract

By an Ohio statute a final order might be reversed, vacated, or modified on appeal. After verdict was returned plaintiff filed a motion for a new trial claiming misconduct on the part of the jury. The trial court granted the motion and the defendant appealed. Held, the granting of a motion for a new trial is not a final order and, therefore, not subject to review, except in cases where it clearly appears from the record that the trial court has abused its discretion in granting the motion. Petro v. Donner, 137 Ohio St. 168, 28 N. E. (2d) 503 (1940).

Recommended Citation

Michigan Law Review, APPEAL AND ERROR - ORDER GRANTING A NEW TRIAL AS AN APPEALABLE ORDER, 39 Mich. L. Rev. 643 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss4/11