Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-04-08
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AN ACT
BY AUTHORITY.


BIZ Of he State Of Ohio, I hat sppeals NAV be
taken from all final judgments in civil
cases at law. DEGREES in chancery. and
interlocutory DEGREES dissolving injunc-
tions rendered by the Court ofCommon
Pleas, the Superior and Commercial
Courts ofCincinnati, and the Superior
Court of Cleveland, in which said courts
have original jurisdiction, by any party
agains: whom such judgment or decree
shall be rendered, or who may be af-
fected 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 District Court had original ju-
risdiction Of the cause.
SEC 2. The partv desirous of ap-
pealing his cause to the District Court,
shall, at the term of the court in which
the judgment or DEGREES was rendered,
enter on the records of the court, no.
tice 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 hereinaf.
ter provided.
SEC. 3. In all cases in which the
judgment or decree is personal against
any party for the payment of money
only, the penalty of the appeal bond
shall be double the amount Of such
judment or decree; in all other cases,
including cases in which the judgment
or decree is against any party for nom-
inal damages and costs, or for cost only,
the court shall. at the time of the rendi.
ton Of the judgment or decree, ascer
tain and fix the penalty of the appeal
bond, to be given in the event Of an ap-
peal, 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 10 the adverse party or
otherwise, as may be directed by the
court, where the conflicting interests of
the parties require it; and shall be SUBJ
ieci to a condition to the effect that the
party appealing shall abide and per-
form the order and judgment of the ap-
pellate court, and shall pay all moneys,
costs and damages which may be re-
quired of, or awarded against said par
ty, by such court.
SEC. 4 In all cases when the inter-
est 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 interested, 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 plead
ings and supplying copies thereof, and
in all other respects, in view Of divis-
ion of the case for the purpose of ap.
peal, as may be deemed right and prop
er.
SEC. 8. 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 ca
ses where the judgment or decree was,
for the payment of money, either per-
sonally or otherwise, the appellant shall
be adjudged to pay to the appellee or
party delayed of payment by the. ap-
peal, damages at the rate of FIVE per
cent. on the amount Of the payment
or decreed in the Court below,
unless the appellate Court shall be sat-
isied that there was reasonable and
proper ground fort the appeal; and in any
such case, where the court shall be sat
isfied that the appeal was vexatiOus, and
for the purpose of delay merely, the
damages adjudged shall be at the rate Of
ten per cent; in all. other cases, inclu-
ding those where the judgment or de-
cree is for nominal damages and costs,
or costs only, unless the appellate Court
shall be satisfied that there was reason
able and probable ground for the ap-
peal, there shall be adjudged to the ap-
peIlee, or party affected by the appeal
damages, in such specific sum as may
be deemed reasonable, not exceeding
two hundred dollars.
SEC 6. In case notice of appeal is !
entered as aforesaid, the court may, on
motion ofthe party entering such notice, |
on laying him under such reasonable
and terms as they may
Judge necessary for the security of the
adverse party, direct execution to be
stayed for thirts days; Provided, that in |
no case shall administrators, or execu-
tors and guardians, who may have Civ
en- bond in this State, with sureties, ac-
cording TO law, be compelled to give
bond and security, in order TO perfect
IN appeal, as is above provided; and in
'uch cases. the clerk, if not otherwise
iirected, shall at the expiration ofthirty
lays from the rising of the court,
make out transcript, which, together
With the papers and pleadings fled in
he cause, he shall transmit to the clerk
If the district court. according TO the
,roYisions Of this act in other cases Of
ppeal.
SEC. Z. That in all cases where the |
arty against whom a judgment is rem
cred, appeals his cause to the Dis
rict Court, the lien Of the opposite par
IL i r. !