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24 Ohio Law. Abs. 430

Booth v. Hemphill

Ohio Court of Appeals

Decided April 23, 1937

Ohio Court of Appeals · decided 1937-04-23

Decided 1937-04-23

¶1OPINION

PER CURIAM

¶2This cause is before this court upon appeal on questions of law.

¶3The record discloses that a verdict in favor of the plaintiff was returned by the jury on January 9, 1936; that a motion for a new trial was filed on January 10, 1936; *431and that on January 5, 1937, an entry was made upon the journal oí the court, purported'y rendering judgment for the plaintiff in the amount of $1500.

¶4We hold that said latter document did not accomplish the entry of a valid judgment because, at the time it was filed, the trial court had not overruled the motion for a new trial, as required by §11599, GC, and hence was without authority to enter judgment (Boedker v W. E. Richards Co., 124 Oh St 12); that said purported entry did not attempt to enter judgment for the amount of the verdict returned by the jury, but for a lesser amount, and the judgment attempted to be entered was conditioned •upon the acceptance of a remittitur by plaintiff — in which event, the entry provided, '“said motion for a new trial shall be overruled.”

¶5It follows that if there was no entry of a valid judgment in this case, the matter is now pending in the Common Pleas Court awaiting disposition of the motion for a new trial,

¶6and there is no final order from which an appeal may properly be taken to this court.

¶7The appeal is therefore dismissed.

STEVENS, PJ, WASHBURN and DOYLE, JJ, concur in judgment.
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