Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1852-04-22
a il)ffkll. Journal
BY r: VAN HORN
Lawsof Ohio--P Published by authority
~ -75 7z TNo. a7!!1 ai12 'i'g 40

AN ACT regulating appeals to the District Court,
SIC. 4. Belt enacted By the General AS-'
sembly of the Slate Of Ohio, That appeals
may be taken from oil final Judgments in
| civil cases at iaw, DEGREES in chahcery, and
Iin.erloculory DEGREES dissolving injunc,ions
rendered by the cour. Of Common Pleas,
the Superior and Commercial courts Of Gin.
cinnaii, and the Superior Court OF Cleveland.
in which said courts have original jurisdca
,ion, by any parry against whom such judg-
ment or decree shull be rendered, or who
may be affected thereby, the districtcourt;
and the cause So appealed shall be- eiagain'
iried, heard and decided, ain the district
court, in The same manner as though the
said district court had original jurisdiction
of the cause.5A 5tegaai ,fJ has ,1arsnes ="
Sec. 2. The party desirous Of appealing
his cause 10 lhe district court, shalla at the
The term of the court in, which The judgei
ment or decree was rendered, enter ON the
records Of thecourl, notice Of such intens
ton. and shalt, within thirty days after the
rising Of such cour.,give bond, with or > or
more sufficien, sure,ies, 10 be approves by
the clerk Of the court. or any Judge thereof
in the penalty and with ahe conditionChereo
inalier provided. at.s boa 90 .sfih{ F@ sIi
Sec. 5. In all cases in which elddg.'
ment or decree is personal against any par.
~ for the payment Of, money only .shePens'
alty Of the appeal bond,shalltbe double the
amoun. Of such judgment or decree; in all
other cases, including cases in which the
ljudgmen, or decree is against any party for
nominal damages and costs, or for COSTS on,
Ily. the court shall, at the time Of the erendi-
ZION 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 courl, be sufficient TO cover any pro-
bable loss, damage or injury, which the 9th
er party or parties 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,
or otherwise, as may be directed by the
court. where the conflicting interests, of9the
parties require IL; and shall be subject 10 a
condition TO The effect thai the party appeal
ing 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, or awarded against said
party, by such court. H., y . 4
SEC. A. In all cases when the interest Of
any party desiring an appeal, is separate
and disiinc, from ,ha, of the other party or
parties, and he shall be desirous 10 appeal
the pari of the case IN which he is interest.
ed, i, shall be SO allowed by the court. and
the penalty and condition Of the bond shall
be fixed accordingly; and The court shall
take such order as 10 the papers and plead.
ings and supplying copies ,heroof, and in all
other respects. in view Of division of'Ihe
case for the purpose of appeal, as may be
deemed righ, and proper. 2 r.
SEC. s When The appellate cour shall
render substantially, the same judgment or
decree which was rendered in the courl be-
low, damages shall, or may be, awarded as
follows: In all cases where the Judgment or
decree was, for the ipayment of money Ell.
.her personally or otherwise. The appellant
shall he adjudged to pay the appellee or par,
iy delayed of payment by The appeal, dam
ages a, The rate of five per cent. on the
amount Of the paymen. adjudged or decreed
in The coun below, unless The appellate court
shall be satisfied that there was reasonable
and proper ground forlhe appeal; and in any
such case, where The courl shall be satisfied
that the appeal was vexalious, and fof The
: purpose of delay merely, The damages ad.
judged shall be al the rate Of ten per cent;
in all other cases. including those where the
judgmen. and decree is for nominal dam
ages and costs, or costs only, unless the ap.
pelale court shall be satisfied that there was
reasonable and probable ground for the up.
peal, there shall be adjudged 10 the appellee
or party affected by The appeal damages, in
such specific sum as may be deemed reason,
able, NOT exceeding Two hundred dollars.
SEC. 6. In case notice Of appeal Is en-,
tered as aforesaid, The court may ION motion
, Of The party entering such notice, on laying
him under such reasonable restrictions, anc
terms as they may judge necessary for The
security Of the adverse party, direct execu
: ton IN be stayed for thirty days; Provided
that in no case shall administrators or ex.
ecu,ors and guardians, whu may have gver
, bond in, this Stale, with sure,ies, according
J, 10 law. be compelled 10 give bond snnd -secu
7 riiy, in order 10 affect an appeal, as iseabovt
provided; and nsuch cases, the clerk, no
otherwise directed, shall, al. the expiration
4 OF thirty days from the rising Of the court
make oul a transcript, which, together will
The papers and pleading filed in the cause
L he shall transmit 10 the clerk Of The disiric
couri, according 10 the, provisions, of this &C
ip Other cases Of appeal sla- S('%
J. !SEc III THAI id all cases where the par
+ ty against whom judgment isrendered, Is ap
peals his cause 10 The district court, the liel
d Of the opposite parry on the real eslale
said appellant, crealed by said judgment
Is shall not be by said appeal removed Or va
Gated: bur the real esinte of said appeIlan
= shall be bound inlhe same manner us il sal,
Is appeal had not been taken, until the fna
determination ofthe cause in the disirc
court. 'Eesi " 't'Ih I
SEC. 8. That if the plaintiff appealing
: shall moi recovera greaier sum in the dis
ircl couri, than in lhe court from which sal
!. y appeal is taken. exclusive Of costs and inter
" lest which may have accrued since the rem
le di,ionor the judgment in,he said COURT b
nj shall pay all COSTS that may have accrue
\ in the dsric, courl 10 such cnse; and if III
- defendant, in any personal action, shall re