Dayton & Union Railroad v. Dayton & Muncie Traction Co.

Citations

• 72 Ohio St. (N.S.) 429

Syllabus

<p>Appropriation proceedings — Section 6432, Revised Statutes — Motion for new trial to he made, when — Section 5305, Revised Statutes — Time for filing Mil of exceptions where motion for , new trial overruled — Court procedure.</p> <p>1. Although it may not be necessary to file a motion for a new trial at the time of the hearing of the preliminary questions in an appropriation proceeding, under section 6420, Revised Statutes, in order to bring upon the record errors occurring upon such hearing; yet if such errors come within any of the causes for a new trial as defined in section 5305, Revised Statutes, the aggrieved party may include the same in a motion for a new trial to be filed within ten days after the verdict is rendered in such appropriation proceedings, as provided in section 6432, Revised Statutes. Weaver v. Columbus, Shawnee & Hocking Talley Railway Co., 55 Ohio St., 491, approved and followed.</p> <p>2. If such motion for a new trial should be overruled, the time for filing a hill of exceptions must he reckoned from the date of the overruling of the motion for a new trial.</p>