Industrial Commission v. Musselli

Citations

• 102 Ohio St. (N.S.) 10

Syllabus

<p>New trial — Time for filing motion — Section 11578, General Code — “Decision” construed — Date of judgment entry governs — Oral announcement date not controlling.</p> <p>1. The term “decision,” found in Section 11578, General Code, is used in that section in the sense of judgment. The court speaks through its journals and a judgment is not rendered until it is reduced to a journal entry.</p> <p>2. Said section is a remedial statute and by Section 10214, General Code, it is made the duty of the court to give it a liberal construction, “in order to promote its object, and assist the parties in obtaining justice.”</p> <p>3. Where an oral announcement of a decision upon the issues involved has been made by a trial judge and thereafter a judgment entry has been signed by him and the entry received and filed on the same day by the clerk, a motion for a new trial, filed within three days after such receipt and filing, was a compliance with Section 11578, General Code; it was filed within three days after the decision or judgment was rendered.</p>