State ex rel. Barnes v. Kimes

Citations

• 20 Ohio C.C. Dec. 403
• 11 Ohio C.C. (n.s.) 77

Syllabus

<p>MANDAMUS — NEW TRIAL.</p> <p>Parker and Wildman, JJ.</p> <p>(Haynes, J., not sitting.)</p> <p>1. Clerk Cannot be Compelled to Enter Judgment Pending Motion to Vacate Verdict.</p> <p>Mandamus will not lie to compel a clerk of court to enter judgment upon a verdict in favor of the plaintiff, during the pendency of a motion by the defendant to vacate the judgment.</p> <p>2. Motion to Vacate Verdict Amended by Insertion, “and por a New Trial.”</p> <p>A motion asking that a verdict “he vacated,” hut not' in terms asking for' a new trial, may, at the same term, although more than three days after the rendition of the verdict, he amended hy leave of court by the in-' sertion of the words, “and for a new trial.”</p> <p>[Syllabus approved by the court.]</p>