The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-04-14
VS. OF OH 10.
IpIJBLISHED BY AUTHORITY, ]
No. 27.l
AN ACT regulating appeals to the DIS
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SEC. I. Be it enacted by the General
Assembly of the State of OL,'o, lhaV Sp-
peals may be taken from all hal Judg-
ments in civil cases at law, declees IN
chancery, and interlocutory DEGREES dis-
solving iniunctions rendered by the court
Of Common Pleas, the Superior and Com
merciaI courts of Cincinnati, and the Su-
perior Court Of Cleveland. in which said
courts have original jurisdiction, by any
party against whom such judgment or de-
cree shall be rendered. or who may be at
fected thereby, to the district court; and
the cause SO appealed shall be again tried,
heard and decided, in the district court,
in the same manner as though the said
district court had original jurisdiction OF
the cause.
SEC. 9. The party desirous of appeal
inp his cause to the district court, shall, at
the term of the court in which the judg-
ment or decree was rendered, enter on
the records Of the court notice of such
intention, aud shall, within thirty days af-
ter the rising Of such court, give bond,
with one or more sufficient sureties, to be
approved by the clerk of the court, or any
Judge thereof, in the penalty and with the
condition hereinafter provided.
SEC. 8. In all cases in which the Judg-
ment or decree is personal against any
party for the paymento of money only, the
penalty Of the appeal bond shall be dou-
BILE the amount Of such judgment or de-
cree; in all other cases, including cases in
which the judgment or decree is against
any party for nominal damages and costs,
or for costs only, the court shall, at the
time Of the rendition of the Judgment or
decree, ascertain and fix the penalty of the
appeal bond, to be given in the event of
an appeal, at such reasonable amount as
shall, in the opinion of the court, be suf-
ficient to cover any probable loss, damage
or injury, which the other party or par
ties may sustain by the delay, and the
costs and damages which may be awarded
in the appellate court; each appeal bond
shall be payable to the adverse party. tor
otherwise, as may be directed by the
court, where the conflicting interests of
the parties require it; and shall be subject
to a condition to the effect that the party
appealing shall abide and perform the or
der and Judgment of the appellate court,
and shall pay all moneys, costs and dam
ages which may be required of, or award
ed against said party, by such court.
SEC. A. In all cases when the interest
of any party desiring an appeal, is sepa'
rate and distinct from that of the other
party or parties, and he shall be desirous
to appeal the part Of the case in which he
is interested, itshall be so allowed by the
court, and the penalty and condition Of
the bond shall be fixed accordingly; anc
the court shall take such order as to th'
papers and pleadings and supplying cop
les thereof, and in all other respects, II
view Of division of the case for the pur
pose Of appeal, as may be deemed righ
and proper.
SEC. 5. When the appellate court shall
render, substantially, the same ludgmen
or decree which was rendered in the coui
I below, damages shall, or may be, award
ed as follows: In all cases where the judg
ment or decree was, for the payment
money, either personally or otherwise, th
appellant shall be adjudged to pay to th
appellee or party delayed of payment b
the appeal. damages at the rate of nv
per cent. On. the amount Of the payTaer
adiudVed or decreed in the court below
unless the appellate court shall be satisl
ed that there was reasonable and props
ground for the appeal; and in any sue
case, where the court shall be satistie
that the appeal was vexatious, and for u
purpose Of delay merely, the damages az
Judged shall be at the rate of ten p
cent. in all other cases, including tho
where the judgment or decree is for non
/ inal damages and costs, or costs only, U
/ less the appellate court shall be satisf
, that there was reasonable and probah
( ground for the appeal, there shall be q
\ Judged to the appellee, or party affect
D by the appeal, damages, in such spec
{ ic sum as may be deemed reasonable, n
b exceeding two hundred dollars.
SEC. 6. In case notice Of appeal is 4
B tered as aforesaid, the court may, on n
. tion Of Che party entering such mott
i On laying him under such reasonable
b restrictions and terms as they may JUG
II necessary for the security Of the adve