Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-14

Isuch term; and all further proceedings
before the Justice of the Peace, in that
case, shall cease and be stayed, from
the time of entering into such under
taking.
Sec. ia. The clerk, on receiving
such transcript, and other papers as
aforesaid, shall file the same, and docket
the appeal.
Sec. lis. The plaintiff in the court
below shall be plaintiff in the Court of
Common Pleas; and the parties shall
proceed, in all respects, in the same
manner as though the action had been
originally instituted in the said court.
Sec. lie. If the appellant shall fail
to deliver the transcript, and other pa
pers, if any, to the clerk, and have his
appeal docketed as aforesaid, on or be-
fore the second day of the term of the
said court next after such appeal, the
appellee may at the same term of said
court, file a transcript of the proceed
ings and Judgment of such Justice, and
the said cause shall, on motion of the
appellee, be docketed, and the court is
authorized and required, on his applica-
ton, either to enter up Judgment In
his favor, similar to that entered by the
Justice of the Peace, and for all the
costs that have accrued in the court,
and award execution thereon; or such
court may, with the consent of such
appellee, dismiss the appeal, at the costs
of the appellant, and remand the cause
to the Justice of the Peace, to be there
after proceeded in as if no appeal had
been taken.
Sec. III. If the plaintiff, in the ac-
ton before the Justice, shall appeal from
any judgment rendered against such
plaintiff, and after having filed his tran
script and caused such appeal to be
docketed, according to the provisions of
this act, shall fail to file a petition or
otherwise neglect to prosecute the same
to final Judgment, so that such plaintiff
shall become nonsuit, it shall be the
duty of the court to render judgment
against such appellant, for the amount
of the judgment rendered against him
by the Justice of the Peace, together
with interest, accrued thereon, and for
costs of suit, and to award execution
therefor, as in other cases.
Sec. 118. If both parties fail to enter
such appeal within the time limited as
aforesaid, the Justice, on receiving
certificate from the clerk of the court,
stating that the appeal was not entered,
or being entered, was dismissed as afore-
said, shall thereupon issue execution
upon the judgment, in the same manner
as if such appeal had never been taken.
Sec. 119, If any person appealing
from Judgment rendered in his favor,
shall not recover a greater sum than the
amount for which judgment was rem
dered, besides costs and the interests
accruing thereon, every such appellant
shall pay the costs of such appeal.
Sec. 100. When any appeal shall be
dismissed, or when judgment shall be
entered in the Court of Common Pleas
against the appellant, the surety in the
undertaking shall be liable to the ap-
pellee for the whole amount of the debt,
costs and damages, recovered against
the appellant.
Sec. 121. When an appeal taken to
the Court of Common Pleas shall there
be quashed by reason of irregularity in
taking or consummating the same. the
cause for quashing shall be stated in the
order of the court, and transcript of
such order shall be lodged with such
Justice, who shall thereupon proceed to
issue execution, in the same manner as
if no appeal had been taken.
Sec. 122. In proceedings on appeal,
when the surety in the undertaking shall
be insufficient, or such undertaking may
be insufficient, in form or amount, it
shall be lawful for the court, on motion,
to order a change or renewal of such
undertaking, and direct that the same
be certified to the Justice from whose
Judgment the appeal was taken, or that
it be recorded in said court.
Sec. 1913. Appeals in the following
cases shall not be allowed:
1-On judgments rendered on con-
fession:
9-In jury trials where neither party
claim in their bill of particulars sum
exceeding twenty dollars.
SIN the action for the forcible entry
and detention, or forcible detention of
real property.
4-In trials of the right of property,
under the statutes, either levied upon
by execution or attached.
Sec. 124. When the term of Office of
Justice shall expire between the date
of the judgment and the time limited
for appeal, such Justice may take the un-
dertaking for appeal at any time before
he has delivered his docket to his success
sor, and give the appealing party a
transcript. After the delivery, of the
docket, the undertaking shall be given
to his successor, and it shall be his duty
to give the transcript and do and per
form all things required of his prede-
cessor.
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