The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-07-06

ooso Waofe the defendant Is SUBJECT to
arrest ani imprisonment, it must be so
stated IN ti,s judgment, and entered in his
docket
ARTICLE TX.
APPEALS.
Ill. In all cases not otherwise spe.
cislly provided for by law. either party
may appeal from the final judgment of any
justice Of the peace to the court Of com.
mon pleas Of the county, where the judg-
mentswas rendered.
h2. The party appealing shall, with
in tan days from the rendition of the judg-
,nsnt. enter into an undertaking to the ad-
verse party with at least one good and
! sufficient surety TO be approved of by such
justice, in sum not less than fifty dollars
in any case. nor less than double the
amount of the judgment and costs, con.
diiioned:
I. That the appellant will prosecute
his appeal to effect, and without unneces-
sary delay:
9. That il judgment be adjudged a.
gainst him on the appeal, he will satisfy
such judgment and costs.
Such undertaking need not be signed by
the appellant.
li3 And the said justice shall make
our a certified transcript oil his proceedings.
include the undertaking taken for such ap-
: peal, and shall, on demand, deliver the
same to the appellant. or his agent. who
shall deliver the same TO the clerk Of the
court to which such appeal may be taken,
sson or before the second day of the term
thereof. next following such appeaE and
such Justice shall also deliver or transmit
the bin or bills Of particulars, the deposi.
tons, and all other origin al papers. il any.
used on the trial before him, to such clerk
on OF before the said second day of such
term; and all further proceedings before
the justice OF the peace. in that case, shall
cease and be stayed. from the time of en-
tsrine into such undertaking
HI. The clerk, on receiving such
transcript, and other papers as aforesaid.
shall file the same, and docket the appeal.
lis. The plaintiff in the court be-
low shall be plaintiff in the court of COM
mon pleas; and the parties shall proceed,
in all respects. in the same manner as
thoti& the action had been originally in
stituied in the said court
TIC. If the appellant shall fail to de-
liver the transcript, and other papers. if
any, to the clerk, and have his appeal
siocketed as aforesaid, on or before the
second day oil the term OF the said court
next after such appeal, the appellee may.
At the same term of said court file tran
script Of the proceedings 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 application, either to enter up iudg-
aent in his favor. similar 10 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 cour,
may. with the consent of such appellee.
dismiss The appeal. at the cost of the ap.
pellant, and remand the cause to the JUS
tice ofthe peace. 10 bethereafier proceed.
ed in as il no appeal had been taken.
1T. H,he plaintiff, in the action be
fore the Justice, shall appeal from any
judgmentrendered against such plaintiff.
and afier having filed his transcript and
: caused such appeal to be docketed, accor-
ding 20 the provisions ofthis act, shall fail
10 6le petition, or otherwise neglect to
prosecute the same to final Judgment, So
that such plaintiff shall become nonsuit
judgment against such appellant. for the
smount Of the judgment rendered against
him by the justice Of the peace, together
with interest, accrued thereon, and fol
costs Of suit, and to award execution
therefor, as in other cases.
li8. If both parties fail 10 enter sucf
sppsalwitbin the time limited as aforesaid
the justice. on receiving certificate from
the clerk of the court, stating that tie ap
peal was not entered. or being entered
was dismissed aas aforesaid. shall there
upon issue execution upon the judgment
in the same manner as If such appeal had
never been taken.
Tie. II any person appealing from
judgment rendered in his favor. shall no
recover greater sum than she amountfol
which judgment was rendered, besides
costs and the interest accruing thereon
every such appellant shall pay the costs
Of suci, appeal.
100. When any appeal shall be dis
missed, or when Judgment shall be enter
ed in the court Of common pleas agains
the appellant, the surety in the undertaking
shull be liable TO the appellee for the whole
amount Of tho debt. costs and damages
recovered against the appellant.
t2i. When an appeal taken TO the
court Of common pleas shall there be
quasbed, by reason Of irregularity in TAX,
ing or consuinmating the same. the cause
for quashing shall be stated in the order
sf the court. and transcript of such or
der shall be lodged with such justice, who
shall thereupon proceed to issue execution
in the same manner as if no appeal haG
been taken.
1879 In proceedings on appeal. wher
the surety in the undertaking shall be in
Sufficient. or such undertaking may be in
sufficient. in form or amount, it shall be
lawful for the court, on motion, to order (
chanee or renewal Of such undertaking
and direct that the same be certified to tn,
justice from whose judgment the apPea
was taken. or that il be recorded in sait
court.
f23. Appeals in the following cases
shall not be allowed
On judgments rendered on confession