DUNN v. HIGGINS

No. 40937.

14 Ohio St. 2d 239 (1968)

DUNN, APPELLEE, v. HIGGINS, APPELLANT.

Supreme Court of Ohio.

Decided May 29, 1968.


Attorney(s) appearing for the Case

Messrs. Cubbon & Rice and Mr. Frank W. Cubbon, Jr., for appellee.

Messrs. Robison, Curphey & O'Connell and Mr. E. Thomas Maguire, for appellant.


MATTHIAS, J.

At the outset, it must be noted that the defendant, appellant herein, argues that the court below, by its decision, circumvented the constitutional provision that "no judgment of any court of record entered on the verdict of the jury shall be set aside or reversed on the weight of the evidence except by the concurrence of all three judges of a Court of Appeals," as embodied in Section 6, Article IV of the Constitution of Ohio.

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