Hurley v. J. J. Snider Lumber Co.

Ohio Supreme Court

Hurley v. J. J. Snider Lumber Co.

86 Ohio St. (N.S.) 344

CourtOhio Supreme Court

DecidedMay 14, 1912

DocketNo. 12458

StatusPublished

This text of 86 Ohio St. (N.S.) 344 (Hurley v. J. J. Snider Lumber Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hurley v. J. J. Snider Lumber Co., 86 Ohio St. (N.S.) 344 (Ohio 1912).

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Opinion

Judgment

modified and affirmed as modified. Grounds stated in journal entry.

This court being of opinion that there should not have been a judgment on the pleadings, and being further of opinion that the motion of defendant below for judgment non obstante was properly overruled; and being further of opinion that, inasmuch as the circuit court found that the verdict was manifestly against the weight of the evidence, the judgment that should have been rendered was simply one of reversal, and not a final judgment; which said final judgment is hereby reversed.

And, as above modified, the judgment of the circuit court is affirmed, and the cause remanded to the court of common pleas of Franklin county for further proceedings according to law.

Spear, Johnson, Donahue and O’Hara, JJ., concur.

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Judgment

modified and affirmed as modified. Grounds stated in journal entry.

This court being of opinion that there should not have been a judgment on the pleadings, and being further of opinion that the motion of defendant below for judgment non obstante was properly overruled; and being further of opinion that, inasmuch as the circuit court found that the verdict was manifestly against the weight of the evidence, the judgment that should have been rendered was simply one of reversal, and not a final judgment; which said final judgment is hereby reversed.

And, as above modified, the judgment of the circuit court is affirmed, and the cause remanded to the court of common pleas of Franklin county for further proceedings according to law.

Spear, Johnson, Donahue and O’Hara, JJ., concur.

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Bluebook (online)

86 Ohio St. (N.S.) 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hurley-v-j-j-snider-lumber-co-ohio-1912.