The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1845-03-26
Ohio Cows.
Am ACT
To regulate the Judicial Courts and the practice
thereof

10 Wv SSu-s9 $50 Pi"NA~S
thereof
SEC. /. BE Il enacted By the General Assem-
BIZ otthe State of Ohio, That after the year one
thousand eight hundred and forty-fve, the Court
in Bank shall be held at the court house, in the
city of Columbus, twice in each year, at such
times as the Legislature shall appoint.
SEC. 2. Hereafter there shall be no appeal of
any action or proceedings at law, from any other
Court, TO the Supreme Court; but the courts
shall, in all cases, order new trials, where law
and justice require it.
SEC. 3. In all cases pending in the Court Of
Common Pleas, or inlhe Superior Court of Gin
cinnati, either party shall have the rgh; to ex-
cept 10 the opinion of the court, on motion to
direct nonsuit, TO arrest the testimony from the
Jury, and also in all cases of motion for new
trial, by reason Of any supposed misdirection
of the court 10 the jury, or by reason that the
verdict may be supposed TO be against law or
evidence, so that such case may be removed by
writ of error; and when party TO suit, in Ell
ther of the aforesaid courts, alleges an excep-
ton to any opinion, order or judgment of such
court, it shall be the duty of the Judges Of such
court concurrlng in such judgment, opinion orI
order, if required by such party, during the pro-
gress of the case, TO sign and seal bill con
tanning such exception OF exceptions, before the
case proceeds; or, if the party consent, The sign
ing and sealing of such bill of exceptions may
be suspended until the tIial is closed, but said
bill of exceptions shall be signed and sealed du-
ring the tenn and such bill of exceptions when
signed and sealed, shall, if the party desire it.,
be made part of the record in such suit,
Sec. A. In all cases pending in the Court of
r Z al y, 4<,f(N
cinnati, in which demurrer is overuled and
the case proceeds TO the jury and verdict is rem
dered against the party that demurred, the opin-
ion of said court on such demurrer, may be ex-
Iamined and the final judgment reversed or af-
frmed by the Supreme Court, on writ of er-
Iror.
SEC 5. Final judgments in the Court of Com
mon Pleas, or in the Superior Court Of Clncin-
natl, may be examined and reversed or affirmed
for alleged errors in fact, upon a writ of error,
coram nobis, which shall be allowed, in all prop
er cases, by the president Judge of the proper
circuit, OF by the Judge of said Superior Court
| of Cincinnati.
Sec. g. Final judgments in the Courts men-
toned in the preceding section may be exam
ned and reversed or affirmed in the Supreme
Court on writ of error, which shall be issued as
a matter of course, by the clerk Of the Supreme
Court, OF the proper county, upon precIpe, filed
by the party desiring such writ, and bond given
! as hereinafter required; to which writ of error
shall be annexed and returned herewith, at Il
day and place therein mentioned, the original
files and pleadngs, together with transcript Of
all judgments OF the court wherein the record
remains, and the assignment of error, prayer
for reversal, with citation TO the adverse party,
or his attorney, signed by the clerk Of the Su-
prene Court, the adverse party, having at least
ten days notice. The clerk issuing such writ of
error shall in all cases take good and sufficient
bond and security, to the adverse party, that the
plaintiff in error shall prosecute his writ TO ef-
feet pay all costs in error, if he fail TO make his
plea good, and no writ of error shall operate as
! a supelsedeas to any execution issued on any f.
nal Judgment of the Court of Common Pleas, or
Superior Court of Cincinnati, unless bond and
security shall be given as required in tho hun
dred and fourth section of the act entitled Gan
act to regulate the practice Of the Judicial
Courts," passed March eight, one thousand
eight hundred and thirty-one.
Sec I. If it shall happen in the Court OF
Common Pleas that there is not a sufficient
number of dsinteresed judges to sit on the tri-
al Of any suit or action therein pending, ii shall
be the duty of such court, on the application OF
Jeither party, to cause such fact to be entered Oh
the minutes of the court, and order an authenti-
Gated copy thereof, together with all the original
files in such suit or action 10 be forthwith cert.
fed to the Court of Common Pleas of some ad-
Joining county, which court shall take cogni'
zance thereof in like manner as if it had been
Originally commenced in that court, and shall
proceed to hear and determine the same accor-
|, DINGHY.
SEC. 8. In all cases in Court in Bank the
said court shall hear oral arguments in open
court; Provided that the attorney or solicitor oI
either party shall be at liberty, if he choose, tc
!, present 10 said court written or printed argu
ment
SEC. 8. The second section of the act enti-
tied Gan act to organize the Judicial courts
passed February seventh, ono thousand eigh
hundred and thirty-one, except so much thereof
as gives the Supreme Court original and appel
late jurisdiction in proceedings in Chancery, the
ninety-sxtb, one hundred and third and one hun
dred and eighth sections of the act entitled San
ret to regulate the practice of the judicial cours,
passed March eight, one thousand eight hun
t dred and thirty-one, together with all acts and
: paris OF aCtS lnCoISstent neIeWltH die Iepedieu
Provided, that all cases which may be pending
in the Supreme Court, or which may have beer
/. appealed, shall be prosecuted to final judgmen
0 and execution in the same manner as if this &C
] had not been passed.
JOHN NJ. GALLAGHER,
: Speaker oftte House Of Representatives,
DAVID CHAMBERS,
t Speaker Of the Senate.
d March IL, lS45,
: i
! AN ACT