The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-04-14
From the Gin. Gazette
important Railway Case.

| OaSO all IiJuiiSuOh " as ubOh Cu " Juu -
Bates of Franklin county, one of the
Judges of the Court Of Common Pleas
upon the application f,he complainant. &
without notice 10 the defendants; and was
dissolved by The Court Of Common Pleas
of Highland county, when the bill was
filed, at the February term, 1853, Judge
Green presiding. An appeal having been
taken and perfected by the complainant
from the decree dissoying the injunction,
which was final, 10 the District Court oi
Highland county, the cause came up for
hearing on the 4th inst, before Judge
Caldwell, of the Supreme Court, at Cham
bers, on notice and motion of defendants
10 dissolve the injunction.
We have been furnished with the sub
stance of the opinion Of Judge Caldwell
dissolving the injunction, as taken down
BY member of the bar which we inser
below. We understand the opinion o
Judge Green, written out in full, will be
published in few days
OPINION OF JUDGE CALDWELL.
The frs, question which arises in thi,
case is one OF jurisdiction. By statute
passed OH the 22nd of March 1850, 48lt
volume of Ohio Laws, page 80, section
3rd, it is provided "tbat anv Judge OF the
Supreme Court, any President Judge o
the Court Of Common Pleas within his
circuit, the judges of the Superior and
Commercial Courts Of Cincinnati, and
The Superior Court of Cleveland, within
their respective counties, may grant in.
functions and appoint receivers in vaca'
ton, upon proper application, as fully as
their courts respectively could do in ses
sion, and upon the like application and
coming in OF answers (due notice thereof
in writing, having been given to the party
or parties complainant) may dissolve in.
functions and yacae receiverships as ful.
y as their courts respectively could do in
session; Provided, however, that all such
orders made in vacation shall be properly
written out, atlested by the judge making
the same, and be filed in the proper clerks
Office as part Of the proceedings to be
recorded"
This law Of course had reference tc
courts existjCg under the old constitution
This cause has been commenced, since
the adoption of the new constitution, in
the court OF Common Pleas of Highland
County, m Injunction was granted in va.
cation by a Judge Of the court Of Com
mon Pleas AT the next term of the court
of Common Pleas in Highland county.
the answer of the defendants having been
filed, the cause came on for final hearing
by consenrsand the iGiuocton was dlssolv-
ed, the Bill dismissed. From that decree
an appeal was taken, which having been
perfected the case ia now pending in the
District Court, and the question arises
whether single judge has power to act
during vacation on motion to dissolve
under the statute 10 wlich have refer.
red.
By the first section Of an act passed on
the 3oth April, 1852, (50lh OHIO laws 1922
il is provided ",hat all process aud rene
dies authorized by the laws OF this Sta,et'
when the present Constitution took effect,
may be had and gesorled to in the courts
of the proper jurisdiction, under the pres
ent Constitution and all the laws rcgula.
ting tho practice Of, and imposing duties
on, or granting powers to the Supreme
Court, or any Judge thereof, and the
Courts Of Common Pleas, or any Judge
thereof, respectively, under the former
Constinton except as to matters Of Pro-
bate jurisdiction in force when the present
Constitution took effect, shall govern the
practice of end impose like duties upon
the District CouIti ond Courts oil Common
Pleas, aad the Judges thereof respective
ly, created by the present Constitution,
so far as such process, remedies and laws,
shall be applicable 10 said Courts respec.
lively, and to the Judges thereof, and not
inconsistent with the laws passed since the
present Constitution took effect"
Strictly speaking, there is no such thing
under the Constitution and laws Of Ohio
as a District Judge, The District Court
is formed of the Judges of other Courts,
One of the Judges Of the Supreme Court
and the judges OF the Court of Common
Pleas in the proper district constitute tho
District Court. The Statute provides that
all the remedies under the old Consttu.
ton shall apply under the new, and re-
cognizes a District Court and District
Judges. suppose that this is one OF the
remedies to which the Statute was inten-
ded to apply The granting and dissoly.
ing inunolions are placed on the same
footing, aud Judge in vacation has the
same right aud power TO dissolve an in
junction as the Court when in session.
It has been suggested that | am not
Judge OF this particular district, have
been assigned to hold the next term OF
tho District Court in Highland county;
but this is merely accidental, and makes
no difference as to my power 10 act Any
other judge might sit and exercise the
same jurisdiction. and so any other Judge
Of the Supreme Court might act on this
notion My constituting member Of
the District Court OF Highland county
does not arise from any limit to the juris.
diction, but because the jurisdiction is
unlimited and general / suppose that
this is case in which have Jurisdiction
as Judge of the District Court within
the meaning Of the statute,
4. Il, ,.nIi.., n nn.., Innnll. 4 - 1