The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14
JACKSON c. Fl, OHIO, THURSDAY, JULY II, 1858.

the defendant or at bis usual place Of a
bode, il he cannot be found.
SEC. 1879. The summons shall not is
sue herein until the plaintiff shall bav,
filed his complaint in writing with tn,
Justices, which shall particularly describe
the premises SO entered upon or detained
and shall set forth either an unlawful
and forcible entry and detention, or an
unlawful and forcible detention after g
peaceable or lawful entry of the de.
scribed premises. The complaint shall
be copied into and made part Of the
record.
SEC. 130. The summons shall be is.
sued and directed, shall state the cause
OF complaint, and the time and place ol
trial, shall be served and returned as in
other cases; such service shall be three
days before the day of trial appointed by
the Justice.
SEC. l31. If the defendant does not
appear in accordance with the requisi-
tons of the summons, and it shall have
been properly served, the justice shall
try the cause as though he was pres.
ent.
SEC. 1872. No continuance shall be
granted for a longer period than eight
days, unless the defendant applying
therefor, shall give an undertaking TO
the adverse party, with good and suffi-
clent surety to be approved by the JUS
tice, conditioned for the payment of the
rent that may accrue, if Judgment be
rendered against the defendant.
SEC. 1873. If the suit be not continu-
ed, place of trial changed, or neither
party demand jury upon return day
OF the summons, the justice shall try
the cause; and if, after hearing the ev-
idence, he shall conclude that the com
plant is not true, he shall enter judgment
against the plaintiff for costs; if he find
the complaint true. he shall render gen.
eral Judgment against the defendant and
in favor Of the plaintiff for restitution of
the premises and costs OF suit; if he find
the complaint true in part, he shall render
judgment for the restitution of such
part only, and the costs shall be taxed as
the Justices shall deem Just and equit-
BILE.
Sec. 1874. If jury be demanded by
either party, the proceeding, until the
empanneling thereof, shall be in all re-
spects as in other cases. The jury shall
be sworn or affirmed, to well and truly
try and determine whether the complaint
of naming the plaintiff, about to be laid
before them, is true according to the evil
dcnce. If the jury shall find the COM
plant true, they shall render a general
verdict of guilty against the defendant; /;
If not true then general verdict of not
guilty; if true in part, then verdict set
ting forth the facts they find true.
SEC. 1856. The Justice shall enter the
verdict upon his docket, and shall render
such judgment on the action as if the facts
authorizing the finding of such verdict
had been found to be true by himself.
SEC. 1856. Exceptions to the opinion of
the Justice, in cases under this Article,
upon questions of law and evidence, may
be taken by either party, whether tried by
jury or otherwise.
SEC. 1877. Where judgment of resti-
tuition shall be entered by Justice, he
shall, at the request of the plaintiff, his
agent or attorney, issue writ of execu-
ton thereon, which shall be in the follow
ing form, as near as practicable:
The State of Ohio, - county:
To any Constable of - town
ship:
Whereas, in a certain action for the for
chile entry and detention, (or the forcible
detention, as the case may be, of the
following described premises, to wit
-, tried before me, wherein -
- was plaintiff, and -- was de-
fendant, = judgment was rendered on
the - day #, A. D. -, that
the plaintiff have restitution of said pre-
misses and also that he recover costs in
the sum of -. You, therefore are
hereby commanded to cause the defend
ant to be forthwith removed from said
premises, and the said plaintiff to have
restitution ofthe same; also that you levy
of the goods and chattles of the said de-
fendant, ane make the costs and of this
writ make legal service and due return.
Witness my hand this - day of
A. d. ..