to cause the same to be made up and recorded, within such time as the court may direct; and when so made up, the court shall examine the said records, and if found correct, the president judge shall sign the same, as is provided in the preceding section. common pleas may be exami preme court, on Sec. 103. That final judgments in the courts of common Judgments of pleas, may be examined, and reversed or affirmed, in the supreme court holden in the same county, upon a writ of error; ned and reversed whereto shall be annexed and returned therewith, at a day and or affirmed in suplace therein mentioned, an authenticated transcript of the re-writ of error, cord and assignment of error, and prayer for a reversal, with a citation to the adverse party, or his attorney, signed by the clerk of the supreme court, the adverse party having at least ten days' notice. to operate as a Sec. 104. That no writ of error shall operate as a superse- Writ of error not deas to any execution issued on any final judgment of the court supersedeas til of common pleas, unless the clerk, before signing such cita- bond given, tion, shall take a bond from the applicant to the adverse party, with one or more good and sufficient securities, in double the amount of the judgment obtained, conditioned for the payment Description of of the condemnation money and costs, in case the judgment bond. of the common pleas should be affirmed, in whole or in part; and writs of error shall not be brought, but within five years Error to be after rendering the judgment complained of: or in case the brought within person entitled to such writ of error be an infant, feme co- rendition of vert, non compos mentis, or imprisoned, then within five years judgment. as aforesaid, exclusive of the time of such disability. five years from No proceedings to be quashed for Sec. 105. That no summons, writ, declaration, return, process, or other proceedings in civil causes, in either of the said want of form. courts, shall be abated, arrested, quashed or reversed, for any defect or want of form; but the said courts, respectively, shall give judgment according to the right of the cause, as the matter in law shall appear unto them, without regarding any imperfection, defect or want of form in such writ, declaration or other pleading, returned process, or course of proceeding whatsoever, except those only in case of demurrer, which the party demurring shall specially set down and express, together with his demurrer, as the cause thereof: and the said courts respectively may, by virtue of this act, from time to time, amend all and every such imperfection and defect for Pleadings may want of form, other than those only which the party demurring shall express as aforesaid; and may, at any time before a writ writ of error of error be brought, permit either of the parties to amend any brought. defect in process or pleadings, upon such conditions as the said courts respectively shall, in their discretion and by their rules, prescribe. be amended ar any time before Sec. 106. That when a judgment shall be reversed in the When judgment supreme court, in whole or in part, such court may proceed reversed, the su either to render such judgment as the court of common pleas render judgment should have rendered, or remand the cause to the court of or remand cause preme court may to common pleas. not to issue ex to common pleas spe common pleas, by writ of procedendo, for such judgment; and the supreme court shall not issue execution in causes that are Supreme court removed before them by writ of error, on which they pronounecution, but shall ced judgment as aforesaid, or on appeals, but shall send a remand mandate cial mandate to the court of common pleas to award execution thereupon: and such court is hereby authorized and required to proceed in such cases, in the same manner as if such judgment had been rendered therein; and, on motion, and good cause shown, they may suspend any execution made returnable before them by order of the supreme court, in the same manner as if such execution had been issued from their own court: Provided, That such power shall not extend further than to stay proceedings till the matter can be further heard by the supreme court. Costs, how taxed on error. Appeals to su Sec. 107. That when a judgment is reversed, the plaintiff in error shall recover his costs; when a judgment is affirmed, the defendant in error shall recover his costs; when a judgment is arrested, the party prevailing shall recover his costs; and when a judgment is reversed in part, and affirmed in part, costs shall be equally divided between the parties. Sec. 108. That in civil cases an appeal shall be allowed, of preme court, in course, to the supreme court, from any judgment or decree what cases al- rendered in the court of common pleas, in which such court had original jurisdiction. lowed. tion to appeal, to be entered in 1erm. fn Condition of the bond. Sec. 109. That the party desirous of appealing his cause to Notice of inten- the supreme court, shall, at the term of the court of common pleas in which judgment or decree was rendered, enter on the records of the court notice of such intention; and, within thirty days after the rising of such court, shall enter into bond to the adverse party, with one or more good and sufficient in thirty days. Securities, to be approved of by the clerk of such court, in double the amount of the judgment or decree rendered, conditioned for the payment of the full amount of the condemnation money, in the supreme court, and costs, in case a judgment or decree should be entered therein in favor of the appellee: and in case notice of appeal is entered as aforesaid, the court may, on motion of the party entering such notice, on laying him uncourt may stay der such reasonable restrictions and terms as they may judge necessary for the security of the adverse party, direct execution to be stayed for thirty days: Provided, That in no case shall administrators or executors be compelled to give bond and seadministrators curity in order to perfect an appeal, as is above provided: and may appeal with in such cases the clerk, if not otherwise directed, shall, at the expiration of thirty days from the rising of the court, make out a transcript; which, together with the papers and pleadings filed in the cause, he shall transmit to the clerk of the supreme court, according to the provisions of this act, in other cases of appeal. When notice of appeal given execution thirty days. Executors and out giving bond. Lien on real es tate not affected by appeal, Sec. 110. That in all cases where the party against whom a judgment is rendered, in the court of common pleas, appeals COURTS OF LAW. his cause to the supreme court, the lien of the opposite party on the real estate of said appellant, created by said judgment, shall not be by said appeal removed or vacated; but the real estate of said appellant shall be bound in the same manner as if said appeal had not been taken, until the final determination of the cause in the supreme court. court on appeals, Sec. 111. That if the plaintiff appealing, shall not recover Costs in supreme a greater sum in the supreme court, than in the court of common pleas, exclusive of costs and interest, which may have ac- by plaintiff crued since the rendition of the judgment in the court of common pleas, he shall pay all costs that may have accrued in the supreme court in such case: and if the defendant in any personal action shall remove the same by appeal to the supreme When by defer court, and the plaintiff shall recover in such cause a judgment dant. for the same sum, or a larger sum than was recovered in the court of common pleas, exclusive of costs, the supreme court shall render judgment for the sum so recovered, with costs of suit. Judgment of pleas suspended by ap Transcript of to be delivered to court. Sec. 112. That when an appeal shall be granted, and bond common and security given thereon as aforesaid, the judgment or decree peal. rendered in such case, in the court of common pleas, shall thereby be suspended; and the clerk of such court shall forthwith make out an authenticated transcript of the docket or journal entries, and the entries, and of the final judgment or decree, made and rendered original papers, in the case; which transcript, together with the original pa- clerk of supreme pers and pleadings filed in the cause, he shall deliver into the office of the clerk of the supreme court, on or before the first day of the term thereof, next after perfecting the appeal in Proviso as to remanner aforesaid: Provided, That either party may require a full record to be made of such cause in the court of common pleas; and the same, when so required, shall be made at his own proper costs and charges. Sec. 113. That the clerk of the supreme court shall, prior court may issue to the filing with him of the transcripts, as herein before pro-transcript filed. vided, on the application of either party to an appeal, issue subpoenas for witnesses, returnable to the first day of the next term of said court, on satisfactory proof being made before him that such appeal has been taken. cord in common pleas. Clerk of supreme subpoenas before Appeals to he tried on plead. ings made up in Sec. 114. That when any cause is removed by appeal into the supreme court, the appeal shall be tried on the plead- common pleas, ings made up in the court of common pleas, unless for good unles, etc, cause shown, and on payment of costs, the said court should permit either or both parties to alter their pleadings; in which ease, such court shall lay the parties under such equitable rules and restrictions, as they may conceive necessary to prevent delay. In certain cases duce their opi Sec. 115. That when judgment shall be rendered by the the supreme supreme court, in any case brought before them by writ of er- court shall reror, in which errors in law may have been assigned; or in any nions to writing. case brought before them by appeal, or by any writ issued and fite the same with the papers of the cause. When some from said supreme court, in which there may have been an issue in law or demurrer to evidence, or in which there may have been a verdict and motion in arrest of judgment; or for a new trial, founded on a supposed misdirection of the court to the jury, or on the improper admission of testimony, or the irrelevancy of testimony; or upon any allegation that such verdict is against law-it shall be the duty of the court to reduce the reasons of their judgment to writing, and cause the same to be filed with the other papers of such cause: and if it should so happen that the judges of said court should differ in opinion, then the dissenting judge shall reduce to writing the reasons of his opinion; and the same shall be filed as aforesaid. Sec. 116. That where there are in a declaration several counts in decla- counts, any one or more of which shall be defective, and the ration good, and residue good, and entire damages are given, the verdict shall be good and effectual in law: Provided, The plaintiff, before the jury retire from the bar, apply to the court to instruct the jury to disregard such defective count or counts. some bad, effect of verdict. Sec. 117. That if in detinue, the verdict shall omit price or Verdict in deti. Value, the court may, at any time, award a writ of inquiry to nue omitting ascertain the same: if on an issue concerning several things in one count in detinue, no verdict be found for part of them, it shall not be error; but the plaintiff shall be barred of his title to the things omitted. price, how to proceed. Sec. 118. That in case a quorum of the supreme court or A quorum of the Court of common pleas, shall fail to attend at the time and place judges failing to appointed for holding their respective courts, the judge attendsheriff may ad. ing, (or if no judge be present, then the sheriff or coroner, as attend, judge or journ court. the case may be,) shall have power to adjourn the court from day to day, until a quorum be convened; or, if no quorum shall be present within two days after the first day of the term, then, and in such case, ali suits, plaints, process and pleadings, of whatever nature, commenced or depending in the said court, shall stand continued, of course, to the next term to be holden in said county by the said court. Sec. 119. That in all cases in which it shall be made to apVenue may be pear to the court, that a fair and impartial trial cannot be had in the county where the suit is pending, the court may direct the venue to be changed to some adjoining county. changed. Sec. 120. That the "Act to organize the judicial courts and 49fs repeated. regulate their practice," passed February the eighteenth, in the year eighteen hundred and twenty-four; and the act amending the last named act, passed February third, eighteen hundred and twenty-six; and the act entitled "An act to provide more effectually for the taking of depositions, and to dispense with the making of full records of judgments in certain cases," passed February twentieth, eighteen hundred and twenty eight; be, and the same are hereby, repealed: Provided, That Saving clause, all rights acquired, and duties, or obligations, incurred under, and by virtue of, the above mentioned acts, or either of them, shall be saved, and remain as available, as if the said acts had not been repealed; and all actions, suits, causes or matters, pending at the time this act shall take effect, may be prosecuted and defended, and carried into final judgment and execution, under the provisions of this act. This act to take effect, and be in force, from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. March 8, 1831. AN ACT directing the mode of proceeding in chancery. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, l'hat the court of common pleas shall have jurisdiction, Jurisdiction of in all cases, properly cognizable by a court of chancery, in common pleas. which plain, adequate, and complete remedy cannot be had at law. Of supreme Sec. 2. The supreme court shall have concurrent jurisdiction with the courts of common pleas, in all' cases, properly cognizable by a court of chancery, where the title to, or any court. contract in relation to land is in question, or the sum or matter Concurrent, in dispute, exceeds one thousand dollars in value; and appellate jurisdiction, in all cases, regularly brought before them, Appellate: from the chancery decisions of the courts of common pleas. To be governed Sec. 3. The said courts shall have power to make rules and regulations, for the government of proceedings had before them, and shall, in all things, be governed by the known usages by usages in of courts of equity, except where it may be otherwise provided by law. Sec. 4. All applications to the chancery side of either of said courts, shall be by petition, setting forth the nature and Application by grounds of the complainant's claim, which shall be filed in the petition. office of the clerk of such court. Sec. 5. The clerk, on the application of the complainant or his solicitor, shall, (after said petition is filed,) issue a subpoena Subpoena to to the defendant or defendants named in said petition, com- sue, manding him or them to appear at the next term of the court, and answer the complainant's petition; and if the petition is In term remurus fled in term time of either of said courts, then the subpoena ble forthwith. shall issue, returnable forthwith. Sec. 6. The following shall be the form of a writ of sub pœna: THE STATE OF OHIO, County, ss. To the sheriff (or coroner, as the case may be,) of the county of Greeting: Form of subpoe We command you, that you summon A. B., to appear before wa |
