The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-05-14
sne 81 Wheq lhel appalhIe courl

Y 'ts ~. y, '1,uS'S' y"
y w cou' os'p's' 1aH'ases snali' ot wy
~ awaluea sie ss lVhows; n AZ eases
wnele ',N 'pe luus'psn 81 uscsee wnas' III 4,
'ue payn'on' =, u'onss, e''"e, 's'sopey y,
g o.nefW'se' Nle aPpc''ans !, sna'l ~ y. ~
luuseu y pay y " app9nss u Z psN
uelsyeo q ~. =. pay'ne,s' \ y w app.a' 't
uges a. 'ue rag " nse pe' osn'. =" .ne
a'nou {, !. = w auJuuseu ~
clee1 Y Ipe coul' i, ue'ow' s on.es' .ue
appella'e cout' snal' oe saYsneu .na,
he'e was feasousp's snu proper s'ouno
70. ~e appeal snu ~ any SUN .ase'
whe'e 'ne cou'' sna'' pe sa''slleu '''a' WV
appeal was sYeSs''ous' any 'pr'ne pllpo51.
OF ueiay mercy, .ne ua'nagcs aujuuseu
shail oe az me rae %! .. zen PEI cen''' y
all other cases, 'nc'ualng nose wneFe 'ne
Judgment io' Or decree ' Is ior noml'p'l oap1
ages ana cos's, o' cosls on'y' un'ess ~
appellate court snasl 9oe sa',shed ''a,
there was reasonable and probable groanu
for the appeal mere shall pc Iadludged y
the appellee, or parry ailec'eo oyNne
appeal. damages' IN sucn spcc'ne SUN "
may be deemed reasonaapie, not exceeu'
ing Two hundred doliars. iftg, .agIF
ECO. iu case notice OF appear 's en-
tered as aforesaid, me court may, on mo
ton OF the party entering such no'lce,,
on laying him under suen reasonable
restrictions and terms as ihey may Jnuge
necessary tor the secorlty ofthe aoseise ,a
party, direct execution 10 De s'ayeo ior p
thlrty days; Provided, that IN no case
shall administrators orA executors and
guardians, who may have gwen oond y
THIS stale, WIN sure''es, according 70
law, be compelled TO give bond and
security, ~ orderto perfect ap appeal, as
is above provided; and IN such cases, sne
clerk, i not otherwise directed, shall, az
the expiration OF 'hlIiy days from me me
rising ofihescourt, make outa transcript,
which,o together with the papers ana
pleadings filed 10 thee cause, ne slls vla y !
transmit 10 the clerk o. the district court
according TO the provisions oil tins aci, 10
other cases OF appeal!l l,l}d
| II eSEc,7. That in all cases where the
party against whom a judgment rs rem.
deredi appeals his cause 70 the district II rlta
court, the lien OF tho opposite party on
tho real estate ol sald appellant, cFea'ed
ny said judgment, shall notibe by sad
appeal removed or vacated; but the real
estate Of said appellant shall. be bound ~
the same manner as!i said appeal had
moi been taken, until the tlnai determlna-
tion Of the cause in the dlstrct court.
SECS. That 1.-THE plaintiff appealing,
shall not recover greater sum % me
district court. than in the court Hom
which said appeal IS taken, exclusive OF
costs and Interest which may have ac.
c:ued since the rendition cfthe judgment
in the said court, he shall pay all costs
that may have accrued in the district
courtln such case; and IT the defendant,
in any personal acton snail remove 's, me N,
same by appeal 70 The district court, and
the plnlntlff shall recover, IN such cause,
a Judgment forthe same sum, ora larger
sum than was recovered IN the court
below, exclusive Of costs, the district
cougt shall render Judgment for The sum
SO recovered. with costs OF suit.
SEC. y. That when appeal snail % pc
granted, mad bond and security given
thereon as Aforesaid, the Judgment or
decree rendered in such case, in the
court below, shall thereby besuspended
and the clerk Of such court shall forth
with make out an authenticated transcript
Of the docket or journal entries, and OF
the final Judgment or decree made and
rendered in the case, which transcript,
together with the original papers and
lpleadngs filed in the cause, ne shall
deliver into The office Of the clerk Of The
district court, on OF before the first day
of the term thereof, next after perfectlnss :
the appeal. in manner Aforesaid; Pro.
yidcd, that either party may require full
record 10 be made of such cause, in the.
court, below and the same, when so re-
qbired, shall be made AZ his own proper
costs and charges. ','ts .. 's,sa III y
SEC. 10. Thatthe clerk oftlie district
court shall, prior toihe filing with him o.