Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-26
APPEALS.

Oec. j /. In all cases NOT oinerWlSe Spe
cially provided for by law, either party may
hppeal IRON the final Judgment Of any Jus
lice of the Peace 10 The court OF common
pleas Of the county, where the judgment
was rendered.
Sec. l2. The party appealing shall, with
in ten days from The rendition Of lhe judg.
ment, enter inio an undertaking 10 the ad.
verse party, with at least one good and su[.
ficienl surety. to be approved Of by such
Justice, in II sum no, less than fifty dollars
in any case, nor less than double the amount
oil the judgment and costs, conditioned:
/. That the appellant will prosecute his
appeal 10 effect, and without unnecessary
delay: -
Q. That if judgmen. be 'adjudged against
him on the appeal, he will satisfy such judg'
menl and COSTS. ..
Such undertaking need no, be signed by
the appellant.
Sec. 1l3. And the said Justice shall make
out certified transcript Of his proceedings,
include the undertaking taken for such up
peal, and shall, on demand, deliver the same
to the appellant or his agent, who shall de-
liver The same 10 the clerk of The court to
which such appeal may be taken, on or be.
fore the second day Of term thereof, mex
following such appeal; and such Justice
shall also deliver or transmit the bill or bills
of particulars, the deposilions, and all other
original papers. if any. used on the trial be-
fore him, to such clerk, or before the second
DAY Of such lerm; and all further proceed.
lngs before the Justice Of the Peace, in tha
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. lis. The pan,iff in the court be-
low shall be plaintiff in .he Court Of Com
mon Pleas; and the parties shall proceed II
all respects in tho same manner as lhougt
the action had been originally Instituted in
thc said court.
Sec. ll6, If The appellant shall fail to de-
liver The transcript, and other papers, if any
10 the clerk, aud have his appeal docketed
as aforesaid, on or before the second daY o
The tenn OF The said couri next aier such
appeal, The appellee may al the same term o.
said court, file a transcript, Of the proceed
Ings and Judgment Of such Justice, and the
snid cause shall, on motion Of The appellee
be drckcled, and the court is authorized and
required, on his application, either 10 enter
up a Judgment in his favor, similar 10 lha
,nulrd by tie justice Of the Peace, and io
ali The COSTS that have accrued in the court
and award execution thereon; or such cour
may, with the consent Of such appellee, dis
miss the lpp"aI at the COSTS Of The arpIan
aud remand the cause TO the Justice of the
Peace, IL be thereafter proceeded in as (nc
appeal had been taken.
Sec. m. IL the plaintiff, in an oclion be
fore The Justice, shoIl appeal from any judg
neni rendered against such plaintiff, ant
after having filed his transcript and cauSe'
such appeal 10 be dockeled, according to tn
provisions of this act, shall fail 10 file pc
tiion, or otherwise neglect 10 prosecute tn
same, to final judgmeo,, so that such plain
tiff shall become nonSul, it shall be the du
iy Of The court to render judgment aEains
such appellant, or the amount Of the judg
mcni rendered against him by The Justice {
the Peace, tngelher with interest accruct
thereon, and for COSTS Of suit, and to awur
execution thereof as ia other cases.
Sec. 1l8. If both parties lul 10 cnte
such appeal within the Time lined as aforc
said, The Justice, on receiving a cerlillcal
from The Clerk Of the Court, sIaling thar tn
appeal was not catered, or being entered
was dismissed, as Aforesaid shall lkereupo
issue execution upon the judgment, in III
same manner as if soch appeal had neVt
been taken. ...
Sec. 49, IL any person appealing fro.
judgment rendered in his favor, shall not II
cover greater sum than the amount (o
which Judgment was rendered, besides cos
and The interests ,upcrung thereon, ever
such appellant shall pay the costs Of sue
appeal.
Sec, 1870, Whoa any appeal sha| be di
missed, or when judgment shall be cnlert
in the Court Of Common Pleas against Il
appellant, the surety in the undertaking shu
be liable TO the appellee for The whole amou
Of the debt, costs and damages, recovert
against the appellant
Sec. 1871. When an appeal taken TO II
Court Of Common Pleas shall there |
quashed, by reason Of irregulaiity in takil
or cJnsummaling the same, the cause [
qGashng shall be stated in tho order
Ihe court, and transcript of such ord
shall be lodged with such Justice, w
shall thereupon proceed TO issue execute
IN lhe same manner as il no appeal h
been taken.
Sec. 1872: In proceedings on appeal, VIII
lhe surety in the undertaking shall be
sufficient, or such undertaking may be
sufficient, in form or amount, il shall
lawful for the court, on motion, TO order
change or renewal of such undertaking, a
direcl that the same be certified 10 the J'
,ice from whose judgment The appeal W
taken, or ,hu, /. be recorded in said court
Sec. 1873. Appeals in the following ca'
shall not be allowed:
|. On judgments rendered on conlessiC
2. In jury trials where neither party ella
IN ,hcir bill Of particulars sum cxceedi
,wen,y dolIus.
g. In ,be action for the forcible entry q
de,en,ion, or lorcibIe detention Of real pr
cry. ,le.
dsr The statues, either levied upon by e
culion or attached. .t.
Gee. f24. When the term Of office q
Ius,ice shall expire between the date ol