Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-04-23
LAWS OF OHIO.
Published BY Authority.
[NO. 27.I
AN ACT
Regulating Appeals to The District Court,

oily 0i the Slate ol Ohlo, That appeals may be
taken from oil final judgements 10 civil cases at
law, DEGREES in chaneery, and inIerlOcuIory de.
crees dissolving injuneiions rendered by the
court Of Common Pleas, the Superior and Com.
mercial courts Of Cincinnati, aud the Superior
Court OF Cleveland, in which said courts have
original jurisdiction, by any party against whom
such judgement or decree shall be rendered, or
who may be affected 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 dstri CT
couu had original jurisdiction Of the cause.
Sec. 2. The parry desirOus Of appealing his
cause % the district court. shall, at The term of
The couu 10 which the judgement or decree was
rendered, enter on The records OF the court, no.
lice Of such intention. and shall, within thirty
days after the rising Of such court, give bond,
with one or more sufficient sureIies, TO be ap.
proved by the clerk Of The court, or any Judge
thereof, 10 The penalty and with The condition
hereinafter provided.
Sec. 3. Ia all cases in which the judgement
or decree is personally against any party loy the
payment OF money only. the penalty Of the ap.
peal bond shall be double the amount Of such
judgement or decree; 10 all other cases, inclu.
ding cases in which The judgement or decree is
against any party for nominal damages and
costs, or for costs only, the court shall, al the
time Of the rendition of The judgement or de.
cree, ascertain aud fix the penalty Of the appeal
bond, to be given 10 the event Of an appeal, at
such reasonable amount as shall. in the opinion
ofIhe courI, be sufficient 10 cover any probable
loss, damage or injury, which the other party
k., a. IL
Oos.s and damages which may be awarded in
The appellate court; and each appeal bond shall
be payable 10 The adverse party, or otherwise,
as may be directed by the court, where the
conflicting interests Of the parties require il;
and shall be subject 10 a condition to the effect
thai The party appealing shall abide and perform
the order and Judgement Of the appellate court,
and shall pay all moneys, costs aud damages
which may be required of, or awarded against
said party, by such court.
Sec. 4. 10 all cases when The interest OF any
party desiring IN appeal. is separate and dis
Iinct from that orIhe other party or parties, and
he shall be desirous 10 appeal the part Of the
case in which he is Interested, il shall be so al
lowed by the court, and the penalty and cond.
lion Of the bond shall be fixed accordingly; and
and pleadngs and supplying copies thereof, end
ia all other respects, in view Of division ol
the case for The purpose of appeal, as may be
deemed right and proper.
Sec. 5. When the appellate court shall rem
der, substantially, the same judgement or de-
cree which was rendered in the court below,
damages shall. or may be, awarded as follows:
In oil cases where the judgement or decree was,
for Ihe payment Of money, either personally or
otherwise The appellant shall be adjudged to
pay to the appellee or party delayed Of payment
by the appeal, damages at The rate OF five per
cent on the amount Of The payment adIudged Or
decreed in The court below, unless the appellate
court shall be satisfied that there was reasona.
Bile and proper ground for The appeal; and in
any such case, where the court shall be salts
fled that The appeal was vexaliUus, and for the
purpose of delay merely, the damages adudged
shall be at the rate Of ten per cent; in all other
cases, including those where The judgement or
decree is for nominal damages and costs, or
COSTS only, unless the appellate court shall be
satisfied that there was reasonable and probable
ground for the appeal, there shall be adjudged
10 the appellee, or party affected by the appeal,
damages, in such specific sum as may be deem.
ed reasonable, not exceeding two hundred dol
lars.
Sec. 6. In case notice Of appeal is entered as
aforesaid, the court may, on motion oi the par
~ entering such notice, on laying him under
such reasonable restrictions and terms as they
may Judge necessary for the security Of the ad'
verse parry, direct execution TO be stayed for
thirty DAYS; provided, that 10 no case shall ad-
minislralors or executors a1d guardians, who
may have given bond in this State, with sure
ties, according 10 law, be compelled 10 give
bond and security, in order TO perfect an appeal
as is above provided; and in such cases, the
clerk, ir not otherwise directed, shall, at the ex'
pra,ion Of thirty days from the rising Of the
court, make out transcript, which, together
with the papers and pleadngs filed IN the cause
he shall transmit to the clerk of the district
count, according TO the provisions OF this act, in
other cases Of appeal. t ... 4 .....-.
Sec. 7. That in all cases where the party
against whom judgement is rendered; appeals
his cause TO the district court, the lien OF the
opposite parry on the real estate OF said appel
liant, created by said judgement, shall not be by
said appeal removed OF vacated; but the real es'
tate OF said appellant shall be bound in the
same manner as il said appeal had not been ta'
ken, until the final determination Of the cause
in the district court.
Sec. 0. That il the plaintiff appealing, shall
not recover greater sum in the.disIrc1 court
than in the court from which said aPPea IS ia.
ken, exclusive Of costs and interest which may
have accrued since the rendition OF the Judge
ment 10 the said conrl, he shall pay all costs
that may have accrued in the district court in
such case; ard irthe defendant in any personal
action, shall remove the same by appeal to the
district court, and the plaintiff shall recover. in
such cause, judgement. for the same sum. or
larger sum than was recovered in the cour! court
below, exclusive Of costs, the district court sha
render judgement for the sum so recovered,
with costs Of suit. .,,. \.
Sec. 9. That when appeal shall be granted,
and bond aud security given .hAreon as afore-
said, the judgement or decree rendered in such
case, in The court below, shall thereby be sus.
pended; and the clerk ofsuch court shall forth
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