This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 Excerpt: ...until the forty-second day, nor to the trial judge until the fortyfifth day after the overruling of a motion for a new trial, and was by the trial judge signed against the objection and exception of such opposite counsel, it will on motion be stricken from the files. 3. Construction Of Pleadings. "The meaning of the pleader must be fairly ascertained without regard to technical rules, from the whole pleading." Robinson v. Greenville, 42 Ohio St, 625. 4. Action Of Trial Court In Reforming A Judgment Sustained Where the jury find due the plaintiff upon the cause of action stated in his petition a sum exceeding one hundred dollars; and find due the defendant upon counter-claim and set-off a sum greater than thai due the plaintiff; and upon motion of plaintiff for a new trial, the trial judge reformed the verdict, by reducing the amount lound due the defendant to an amount less than that found due the plaintiff; a reviewing court, in the absence of a bill of exceptions, cannot say there is error to the prejudice of the plaintiff. 5. Costs Where Amount Claimed Is Reduced By.a Set-off To Less Than One HunDred Dollars. Where upon such verdict as reformed, there is a judgment in favor of the plaintiff, he should be allowed his costs. On Error to the court of common pleas of Guernsey county. Frazier, J. The defendant in error moves to strike from the files the bill of exceptions, for the reason that it was not presented to the defendant's counsel lor inspection within the time limited by law. On March 16, 1894, the jury returned their verdict, and a motion for a new trial was filed the same day; and on April 28, 1894, an entry was made overruling the motion, and final judgment was rendered. On June 18, 1894, the bill of exceptions, as prepared by plaintiff...