Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-04-12
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.

LAND Ut UHlU.
lpuBLIsHED BIZ AUTHORITY
INo. 81. AN ACT
i Regulating Appeals to the District Court
SEC. /. Be it enacted 5y the General
Assembly Of the State Of Ohio, That ap.
Peals may be taken from all final judg,
men.s in civil cases nj law, DEGREES in
4 5chancery, and interlocu.ory DEGREES dissolv.
ling injunctions rendered by the court ol
common pleas, the Superior and CONNER
tcial courts Of Cincinnati, and the Superior
Cour, Of Cleveland, in which said courts
/ have original jurisdiction, BY nHy party a.
gainst whom such judgment or decree shall
be rendered, or who may be affected there's
by, 70 the district court; and the cause SO
appealed shall be again tried, heard and
decided, in the district court, in the same
manner es though the said district court had
original jurisdiction Of the cause ~
Sec. 2. The party desirous Of appeals
ing his cause 70 the district court, shall, at
the term Of The court in which the iudg~
nent or decree was renlered, enter on the
records Of the court, notice Of such inten.
ton, and shall, within thirty days alier 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 condi>
ton hereinafter provided. '$s...=..
I Sec. 8. In ail cases in which the iudg>
nent or decree is personal against any
party for tie payment of money only the
penalty of the snpeal bond shall be double
the amount Of such jadgmen, or decree; in
all other cases, Including cases in which
the judgment or decree IS against any par.
Y ior nominal damages and costs, or for
costs only, theeourt shall. at the time Of
the rendition Of the judgment or decree.
ascertain and 6x the penalty of the appeal
bond, 10 be given in the event Of an ap>
Peal at such reasonable amount as shall,
m the opinion Of the court, be sufficient 10
cover any probable loss, damage OF injury
which the Other party or parties may sus.
tain 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, or otherwise, as may
bs directed BY the court, whers the con-
fieting interests Of the parties require it;
afd shall be subject 10 a condition to the Of
feet that the party appealing shall abide
and perform the order and Judgment Of the
appellate court, and shall pay all moneys,
costs and damages which may be required
OF, OF awarded dagains. said party. by such
court. 1ssE= 8.
Sec. 4. In all cases when the interest
Of any party desiring an appeal, is sepa.
rate and distinct from thato the other par
~ or parties, and he shall be. desirous 10
appeal the part Of the case IN which he is
interested, il shall be so allowed by the
court, and thepennlty and condition Of the
bond shail be4 fixed accordingly; and the
court shall take such order as TO the pa
pers and pleadings and supplying copies
thereof, and in all other respects, in view
Of division Of The case for the purpose OF
appeal as may be deemed right ndproper.
Sec. IS. When the appellate cour.
shall render, substantially, the snme judg-
court below, damages shall, or may be, a
warded us follows: In all cases where the
judgment or decree was for the payment Of
money, either personally or outherwise,
the appellant shall be adjudged 10 pay 10
the appellee or party delayed of payment
by the appeal, damages Of the. rate Of five
per cent, on the amount Of the payment
sadjueged or decreed in the court below. un-
less the appellate court shull be satisfied
that there was reasonable and proper;
ground for the appeal; and .in any such
case, where the court shnll be satisfied that
the appeal wassvexatious.s and for the pur-
pose Of delay merely, the damages ad-
judged shall be at the rate Of ten per cent;
IN NIL other cases, including those where
the judgment or decree is for nominal dams
ages and costs, or costs only, unless the ap.
pellate court shall be satisfied that there
was reasonable and probable ground for
the appeal, ihere shall be adjudged to the
appellee. or party affected by the appeal,
damages, insuch specific sum as may be
deemed reasonable, not exceeding two
hundred dollars. .s9 80
Sec. g. Ia case notice Of appeal is en-
tered as Aforesaid, the court may, on mo-
tion of the party entering such notice, on
laying him under such reasonable restric>
tions and terms as they may Judge neces.
sary for the security ofihe adverse party,
direct execution TO be stayed for thirty days;
Provided, that in no case shall administra.
tors OF executors and guardians, who may
have given bond in this State, with suritles
according to law, be compelled to give
bond and security, in order TO perfect an
appeal as is above provided; and in such
al Il i