Whitaker v. Michigan Mutual Life Insurance

Citations

• 77 Ohio St. (N.S.) 518

Syllabus

<p>Circuit court reviewing common pleas judgment — May have cognizance of record facts only — Party entitled to instruction on verdict — Failing to make request — Not entitled to judgment on error. ■</p> <p>1. A circuit court when reviewing a judgment of the court of common pleas may have cognizance of such facts only as appear upon the record under review.</p> <p>2. Although a party against whom a verdict is returned and a judgment is rendered in the court of common pleas may have been entitled to an instruction to the jury to return a verdict in his favor, he is not, on that account, entitled to a final judgment in his favor in a reviewing court unless upon the trial he has requested that such instruction be given.</p>