State ex rel. Hiett v. Court of Common Pleas

Citations

• 102 Ohio St. (N.S.) 40

Syllabus

<p>New trial — Decision of motion by court — Ruling upon all grounds not required — No presumption all grounds considered, when — Mandamus — Assessment of costs — Section 12298, General Code.</p> <p>1. The code provisions pertaining to granting a new trial make no requirement that all of the grounds shall be passed upon by the court deciding the motion.</p> <p>2. When several grounds are set forth in the motion and the order sustaining the motion is based upon one only, there is no presumption that the other grounds are considered or decided.</p> <p>3. In a mandamus proceeding, when the judgment is rendered in favor of the relator, the court has judicial discretion in the assessment of costs. Section 12298, General Code, applies only to judgments in favor of the defendant.</p>