The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-04-14
! LAWS OF OHIO.
!. PUBLISHED BY AUTHORITY.
.GNo. ell i AN ACT

SEC. 1. Be ii enacted By the General
.Assensbly of the State of Ohio, That ap-
peals may be taken from all final judg-
ments in civil cases at law, DEGREES in
cchancery, and interlocutory DEGREES dis
solving injunctions rendered by the court
OF common pleas, the superior and COM
mercial courts Of Cincinnati, and the su-
psrior 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 al
fscted 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 dis
trict court had original Jurisdiction OF the
cause.
SEC. g. The party desirous Of appealing
his cause to the district court; shall, at the
term OF the court in which the Judgment or
decree was rendered, enter on the records
ofthe court, notice Of such intention, and
shall, within thirty days after 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 herein
alter provided.
SEC. g.. In all cases in which the judg.
ment or decree is personal against any
party for the payment Of money only, the
peanalty Of the appeal bond shall be double
the amount Of such judgment or decree; 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
tho rendition Of the judgment or decree,
ascertain and fix the penalty of the appeal
bond, to bs given in the event of an appeal,
at such reasonable amount as shall, in the
opinion Of the court, be sufficient TO cover
any probable loss, damage or injury, which
the other 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 con-
ficting interests of the parties require it;
and shall be subject to condition to the
effect that the party appealing shall abide
and perform the order and judgment ofthe
appellate court, and shall pay all moneys,
costs and damages which may be required
of, or awarded against said party, by such
court. 2G
Sec. a. In all cases when tho interest Of
any party desiring an appeal, is separate
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 interest.
cd, it 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 to the papers and
pleadings and supplying copies thereof,
and in all other respects, in view OF di-
vision of the case for the purpose Of appeal,
as may be deemed right and proper.
Sec. 5. When the appellate court shall
render. substantially, the same judgment
or decree which was rendered in the court
below, damages shall, or may be, awarded
as follows: In all cases where the judg.
ment or decree was, for the 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 adiud-
ged Or decreed in the court below, unless
the appellate court shall be satisfied that
there was reasonable and proper ground
for the appeal; and in any such case,
where the court shall be satisfied that the
appeal was vexatious, 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
Judgment or decree is for nominal dam
ages 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 adiudged to
the appellee. or party affected by the ap.
peal, damages, in such specific sum as
may be deemed reasonable, not exceeding
two hundred dollars.
Sec. 6. In case notice of appeal is en-
tered as aforesaid, the court may, on mo-
ton 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 of the adverse party,
direct execution TO be stayed for thirty
days; Provided, that in no case shall ad.
ministrators or executors and guardians,
who may have given bond in this State.
with sureties, according to law, be com.
PEELED to give bond and security, in order
to perfect an appeal, as is above provided;
and in such cases, the clerk, if not other
wise directed, shall, at the expiration Of
thirty days from the rising OF the court,
make out transcript, which, together with
the papers and pleadings filed in the cause,
he shall transmit to the clerk of the district
court, according to the provisions Of this
act. in other cases of appeal.
SEC. 7. That in all cases where the par
ty against whom a judgment is rendered,
appeals his cause TO the district court, the
Ian ~ tho onnooifa rf, IN tha rao1 nc