Gambar halaman
PDF
ePub
[ocr errors]

ment of this

by repealed. This act shall take effect and be commence-
in force, from and after the first day of June act.
next.

ELIAS LANGHAM,
Speaker of the house of representatives.

NATH. MASSIE,

Speaker of the senate. February 18th, 1804.

[merged small][merged small][ocr errors]

nal and
final.

Sec. 1. Be it enacted by the general assembly Jurisdiction of the state of Ohio, That the courts of common courts of pleas in their respective counties, shall have pleas, origioriginal jurisdiction in all cases cognizable by a court of chancery, where the demand doth not exceed five hundred dollars, subject however to an appeal from their decision to the supreme court, in all cases where the title of land was in question, or where the sum or matter in dispute was more than one hundred dollars: Provided, That the appellant within thirty days

[ocr errors][ocr errors][merged small][merged small][merged small]

Jurisdiction of the su

appellate.

[ocr errors]

Application to the courts

etc.

Sec. 2. And be it further enacted, That the preme court, supreme court shall have original jurisdiction

in all cases properly cognizable by a court of
chancery where the demand exceeds five hun-
dred dollars, and appellate jurisdiction in all
cases regularly brought before them from the
chancery decisions of the courts of common
pleas.

Sec. 3. And be it further enacteil, That all of chancery applications to the courts of chancery shall be tlone when by petition, stating the nature and grounds of

the demandant's claim; which petition shall be
filed in the clerk's office of the proper court, on
the first day of the term, and if it shall appear
to the court, that the demandant hath not com-
plete and adequate remedy at law, they shall
order a subpoena or subpænas to issue, requir-
ing the defendant or defendants to appear at the
next term, to answer to the matters and things
contained in such petition; and in cases where
any or all of the defendants reside out of this
state, the court shall direct notice to be given
of the filing of such petition, either by personal
service, to be returned on oath, or by publica-

Subpoena, when to issue, etc.

When de fendant or defendants reside out of the state, notice to be given.

tion in such newspapers as will be most likely
to convey information to all persons concerned,
except such defendant or defendants have an
attorney in fact, or an agent, residing in this
state, in which case notice shall be given to such
attorney or agent; and in all cases where the
defendant or defendants reside in this state,
such subpæna shall be served by leaving a true Subpoena,
and attested copy thereof with such defendant executed.
or defendants, at his, her or their last usual
place of abode, at least thirty days previous to
the term to which it is returnable, and on such
suhpæna being returned executed, or on proof
being made that such notice hath been given, if
the defendant or defendants do not appear and where plea
file their plea or answer to such petition, by the not diled,
second day of the term, the court shall proceed proceed
to hear and examine the evidence produced by amires
the demandant, and shall decree as justice and
equity may require.

Sec. 4. And be it further enacted, That the Rule to be
rules of evidence to be observed in courts of the plead-
chancery, shall be the same as those in courts
of law, excepting that the parties to and others
interested in, any proceeding in a court of
chancery, may be examined on oath, touching
any matter or thing before such court depend-

to hear, ex-
amine and

observed in

ings.

[ocr errors]
[ocr errors]

The rule of
pleadings,
continued.

ing, after answer filed and no plea in abatement to the jurisdiction of the court; no exception for want of jurisdiction, shall ever afterwards be made, nor shall the supreme court or any court of common pleas ever thereafter delay or refuse justice or reverse the proceedings for want of jurisdiction, except in cases of controversy respecting lands lying without the jurisdiction of such court, and also of infants and femes covert, when a cross-petition shall be exhibited, the defendant or defendants to the first petition shall answer thereto, before the defendant or defendants to the cross-petition shall be compelled to answer to such cross-petition; the complainant shall reply or file his exceptions within two calendar months after the answer shall have been put in, if he fails so to do, the defendant may give a rule to reply, with the clerk of the court, which being expired and no replication or exceptions filed, the suit shall be dismissed, with costs. If the complainant shall except against any answer as insufficient, he may file his exceptions and give a rule with the clerk, to make a better answer, within two months, and if within that time the defendant shall put in a sufficient answer, the same shall be received without costs, but if any defendant insists on the sufficiency of his answer, or neglects or refuses to put in a sufficient answer, or

1

shall put in another insufficient answer, the plaintiff may set down his exceptions to be argued the next term in court; and if upon argument, the complainant's exceptions shall be overruled, or the defendant's answer adjudged insufficient, the complainant shall pay to the defendant or the defendant to the complainant, such costs as shall be allowed by the court; and in case the defendant's answer shall be adjudged insufficient, he or she may be examined upon interrogatories, and if the defendant shall neglect or refuse to answer such interrogatories within the time ordered by the court, the matter of the complainant's petition, shall be considered as confessed and shall be decreed accordingly.

Sec. 5. And be it further enacted, That if the Where plea complainant conceives any plea or demurrer to is defective be bad, either for the matter or manner of it, he may set it down with the clerk to be argued, or if he thinks the plea good but not true, he may take issue upon it and proceed to trial hy jury, and if thereupon the plea shall be found false, the complainant shall have the same advantages as if it had been so found by verdict on trial at law, and if a plea or demurrer be overruled by the court, no other plea or demur

how to proceed.

« SebelumnyaLanjutkan »