Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16
ARTICLE VIII.
Judgements.


Sec. 1o4. judgements that the action be
dismissed without prejudice to new action
may be entered with costs, in the following
cases;
when the plaintiff voluntarily dismisses
the action before it is finally submitted.
2--When he fails to appear at the time
specified IN the summons, or upon adjourn
ment, or within one hour thereafter.
3-Wben it is objected at the trial and ap-
pears by the evidence that the action is
brought in the wrong township.
Sec. los. If the plaintiff fail to appear at
the return day of the summons and his bill OF
particulars be not fled and evidence before
the Justice, the action must be dismissed
If the defendant fail to appear at the return
day of the summons, or if either party fail to
attend at the time to which trial has been
adjourned, or fail to make the necessary bill
of particulars, or fail in the proof on his part,
the cause may proceed at the request of the
adverse party, and judgment must be given
IN conformity with the bills Of particulars and
proofs.
Sec. 100. When Judgment shall have
been rendered against defendant in his abb
sence, the same may be set aside, upon tho
following conditions:
| THAT his motion be made within ten
days after such judgment was entered.
2-sThat he pay or confess judgment for
the costs awarded against him.
3-That he notify in writing the opposite
party, his agent or attorney, or cause it to be
done, of the opening of such Judgment and
of the time and place of trial at least FIVE days
before the time if the party reside in the
county, and il he be not resident of the
county by leaving written notice therof at
the office of the Justice ten days before the
triah
Sec 10Y. Upon verdict the Justice must
immediately render judgment accordingly.
When the trial is by the Justice Judgment
must be entered mmediatly after tie close
of the trial, if the defendant has been arres
ted or his property attached; in other cases il
must be entered either at the close of the trial
or if the Justice then desire further time tt
consider, on or by the fourth day thereafter
both days inclusive.
Sec. I0s When the amount due to either
parry exceeds the sum for which the Justice
is authorized to enter judgment. such party
may remit the excess and judgment may be
eHtcIcu lOE Tue Tesluu6. n uSleuuanI HecC
not remit such excess, and may withhold set.
ting the same of, and recovery for the
amount set off and allowed, or any part
thereof, shall not be bar to his subsequent
action for the amout with held.
Sec. 100 If the defendant any time before
trial offer in writing to allow judgment to be
taken against him for a specified sum, the
plaintiff may Immediately have judgment
thereafter with the costs then accured But
if he did not accept such offer before the trial
and fail to recover in the action sum equal
to the offer, he cannot recover costs accure
after the offer; but costs must be adiudged
against him. But the offer and failure to ac-
cept it cannot be given in evidence to affect
the recovery otherwise than as to costs as a.
bove provided.
Sec 40. Where judgment is rendered in
case where the defendant is subject to ar
rest and imprisonment, ii must be SO stated
in the judgment and entered in his docket.