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ment of this
by repealed. This act shall take effect and be commence-
Speaker of the senate. February 18th, 1804.
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
Jurisdiction of the su
Application to the courts
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
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
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
Sec. 4. And be it further enacted, That the Rule to be
to hear, ex-
The rule of
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
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.