Nyiry v. Modern Brotherhood of America

Citations

• 92 Ohio St. (N.S.) 387

Syllabus

<p>Jurisdiction — Reversals—Weight of evidence — Error to enter final Judgment, when — Duty to remand for new trial, when.</p> <p>If the issues of fact are triable by jury, and there is some evidence upon each essential element of such issues of fact, a reviewing court may reverse under the statute upon the ground that the verdict is contrary to, or against the weight of, the evidence, but such finding does not authorize such court to enter a final judgment against the defendant in error. Its duty is to remand the case for a new trial.</p>