The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-21

ticlc may be had III all eases against ton
ants holding ever their terms; iii sales of
real estate, on executions, orders, orothcr
judicial process, when the judgment debtor
was in possession at the time Of the rend-
i;ion of the judgment or decree, by virtne
of which such sale was made; i'll sales by
executors, administrators, guardians, and
Or partition where anyof the parties TO The
petition were in possession at the comcrce-
mcnt OF the suit, after such sales, so made
On execution, or otherwise shall have been
examined by de proper court, and the
same by said court adjudged legal; and
in cases where the defendant is a settler,
or oceupier Of lands ortenemcnts, without
color of title, and to which the complain
ant has the right of possession; this section
no. to be construed as limiting the provi-
sion of The first section of this article
Sec. 1877. Judgment either before the
Justice, or in the court of common pleas,
under this article, shall not be q bar to any
after action brought bv either party
See 1873. It shall be the duty Of the
party desiring TO commence an action I'M
der this article, to notify the adverse party
to leave the premises, for the possession of
which tic ACTON is about to be brought,
which notice shall be served at least three
days before the commencing the action, by
leaving written copy with the defend
ant or a. his usual place of abode, ,ifhe can
no: be found.
Sec. 129. The summons shall not is
sue herein until the plaintiff shall have
fled his ccmplaintin writing with the JUS
tice, which shall particularly describe the
premises so entered upon ordetained, and
shall set forth either an unlawful and for
cible entry and detention, or an unlawful
end forcible detention after pesccable or
lawful entry Of the described premises.
The complaint shall be copied into and
made apart OF tie record.
Sec, 130 The summons shall be issu-
cd' and directed, shall state the cause of
complaint, and the time and place of trial
shall be served and returned as in other
sascs; such service shall be three days be-
fore tie day Of trial appointed by the JUS
ticc.
Ses. 131. If the defendant does not
appear in accordance with the acquisitions
of the summons, and it shall have been
properly served, the justice shall try the
cause as though he was present.
Sec. 1872. No continuance shall be
granted for a longer period than eight days
unless tie defendant applying therefore,
shall give an undertaking to the adverse
party, with good and sufficient surety tc
be approved by the Justice, conditioned
for the payment the rent that may &C
crue, if judgment be rendered against the
defendant.
Sec. 1880 1.-THE suit be notcontinued
place of trialehanged, or neither party de
mand jury upon the return day Of thC
summons, the Justice shall try the cause
and if, aftsr hearing the evidence, lie shal
conclude that the complaint is not true, b.
shall enter Judgment against the plaintiff
for costs; if he find the complaint true, h
shall render general Judgment sgains
the defendant and in favor of the plaintiff
Gjr restitution Of the premises and costs q
suit; if he find the complaint true in part
lie shall render judgment for the restitu
ton of such part only, and the costs shal
be taxed as the Justice shall deem just an
equitable.
Sec. 1874. If jury be demanded b
either party, the proceeding, until the en-
panneliHgc thereof, shall be in all respect
as In, other cases. The jury shall be swor
oraairmed, to well and truly try and de
termine Shother the complaint of na
ming the plaintiff, about to be laid befor
them, is true according to the evidence
If the jury shall find the complaint true
they shall render a general verdict Of nc
guilty; if true in part, then verdict sci
ting forth the facts they find true
Sec. 1856. The Justice shall enter til
verdict upon his docket, and shall rende
such judgment in the action as if the fac
authorizing tie finding Of such verde
had been found to be true by himself
Sec. 1856. Exceptions to the opinion
the Justice, in cases under this Articl,
upon questions of law and evidence, ma
be taken by either party, whether trio
by jury or Otherwise.
See: 1877. Where a Judgment of rest
tuition shalrbe entered by Justice, /
shall, at the request of the plaintiff, h
agentor attorney, issue writ OF exec,
ton thereon, which shall be in the follow
ing form, as near as practicable:
The S.atc of Ohio,----e county:
70 any Constable of--towl
shia
W.prla5 in a certain action forthe 70
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