Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16
FREMoNT sANDUsKY COUNTY,. july le, ls9a.

1--That the appellant will prosecute his
appeal to effect, and without unnecessary de-
lay:
2-That if judgment be adjudgcd aginst
him on the appeal he will satisfy such judg-
ment and costs
Such undertaking need not be signed by
the appellant: e.
See. 49, And the said justice shall make
out certified transcript of bis proceedings,
include the undertaking taken for such appeal
and SHALL on demand, deliver the same to the
appellant, or his agent, who shall deliver the
same to the clerk Of tho court to which such
appeal may be taken, on or before the second
day Of term thereof, next following such ap-
peal; and such justice shall also deliver or
transmit the bill or bills Of particulars the de-
positions and all other original papers, if any,
used on the trial before him, to such clerk, or
before the said second day Of such terms ;
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
undertaking.
Sec. ia. The clerk, on receiving such
transcript, and other papers as aforesaid, shall
file the same, and docket the appeal.
Sec 115. 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. ll6. If the appellant shall fail to deliv-
er the transcript, and other papers, if any, to
the clerk, and have bis appeal docketed as
aforesaid, on or before the second day of the
term Of the said court next after such appeal,
the appellee may at the said term of said court
file a transcript of the proceedings and Judge
ment of such justice, and the said cause, SHALL
on motion of the appellee, be docketed, and
the court is authorized and required on his
application, either to enter up judgement in
his favor, similar to that entered by the JUS
tice of the peace, and for all the costs that
have accrued in the court and award execu-
ton thereon; or such court may with the con-
sent 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 action be-
fore the justice, shall appeal from any Judge
ment rendered against such plaintiff, and af-
ter having filed his transcript and caused
such appeal to be docketed, according to the
provisions of this act shall fail to file petition
or otherwise neglect to prosecute the same
to final judgement, SO that such plaintiff shall
become nonsuit, it shall be the duty of the
court to render judgement against such appel
liant, for the amount Of the judgement render
ed against him by the justice OF the peace, to-
gether with the interest accrued thereon, and
for costs of suit, and to award execution there
of as in other cases.
Sec. ll8. If both parties fail 10 enter such
appeal within the time limited as aforesaid,
the justice on receiveing certificate from
she clerk of the court; stating that the appeal
was not entered, or being entered, was dis
missed as aforesaid, shall thereupon issue ex-
ecution upon the judgement, in the same
manner as if such appeal had never been
taken.
Sec. ll9. If any person appealing from a
judgement rendered in his favor; shall not
recover greater sum than the amount for
which judgement was rendered, besides costs
and the interest accruing thereon, every such
appellant shall pay the costs of such appeal
Sec l20. When any appeal shall be dis
missed or when judgement shall be entered
in the court of common pleas against the ap.
pelant, the surety in the undertaking shall be
liable TO the appellee for the whole amount of
the debt costs and damages, recovered against
the appellant.
Sec. l2l. When an appeal taken to the
court of common pleas shall there be quashed
by reason of ofirregularity in taking or consum-
mating 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 l22. In proceedings on appeal, when
the surety in the undertaking shall be INSULT
cient, 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 judge
ment the appeal was taken, or that it be rec
orded in said court.
Sec. 1873. Appeals in the following cases
shall not be allowed:
lon judgements rendered on confession !:
2-ln Jury trials where neither party claim
in their bill of particulars sum exceeding
twenty dollars;
3-In the action for the forcible entry and
detention or forcible detention of real prop
erty; 1
4-In trials of the right of property, under
the statutes, either levied upon by execution
or attached.
Sec 1874. Whether the term of Office Of a
justice shall expire between the date of the
judgement and the time limited for ap-
peal, such justice may take the undertaking
for appeal at any time before he has delivered
his docket to his successor, and give the ap-
pealing party atranscrpt After the delivery
Of the docket. the undertaking ahall be given
to his successor, and it shall be his duty to
give the transcript and do and perform all
things required Of his predecessor.
ARTICLE X.
1f khe action fo, the fos.ctbIe enfyu and de-