The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-24

l SufettHt az IOllOWbt
!. When the judgment or final order sought to b.
reversed, directs the payment Of money, the writer
undertaking shall be in double the amount 0l th
judgment or order the effect that tho plninti II
error will pay the condemnation money and costs II
case the Judgment or final order shall I've affirmed II
whole or in part:
2. When It directs the execution Of convey
nnco, or othor instrument the undertaking shall bt
In such sum as moy be prescribed by any court o
record In this state or any Judge thereof to the ccc
that the plaintiff in error will abide The judgment, Il
the same shall be affirmed, and pay the costs,
3. When il directs the sale or delivery ot posses
sion OF real property, the und rtoking shall be in
such sum ns may be prescribed by any court OF record
OF this state any judge thereo 10 the effect, that
during the possession OF such property by the plain
tiff in error he will not commit or s1fier to be com.
mtted any to thereon, and ii the ju lgment be at.
frmed, he will pay the value o the use and occupa.
ion OF the properly from the date OF the undertaking
until the delivery Of the possessions pursuant to the
judgment, and all costs When the judgment is Tor
the sale OF mortgaged premises. and the payment OF
deficiency arising from the sale, the undertaking
mus also provide for the payment ofsuch deficiency
4. When IL directs the assignment or delivery OF
documents they may be placed in the custody Of fhe
clerk OF the court in which the judgment was render
ed To nde the Judgment OF the appellate court, or
the undertaking shall be in such sum as may be pre-.
scrbed aforesaid TO abide the judgment, and pny
costs, il the same shall be affirmed.
/. Sec $40. Instead Of the undertaking prescribed
in the second subdivision of the last section, the con-
yeyance or other insirpment may be executed and
deposited with the clerk of the court in Which judg
ment was rendered or order made to abide the judg.
meni of the appellate court. TN, l,.5,.7H1
Sec. 52l. Before the written undertaking mem
TONED in section five hundred and nineteen shall OPP
crate TO stay execution OF the Judgment order, the
execution Of the undertaking and the suffciency Of
the suretes, must be approved the court in which
the judgment wns rendered order made, or by the
clerk thereof; and the clerk shall endorse said ap-
proval, signed by himself upon the undertaking.
and e the same in his Office, for the defendant in
error.
Sec. 522 In an action arising on contract, for
the payment OF money only, notwithstanding the
execution OF the undertaking in the last section
mentioned to stay proceedings, it the defendant in
error give adequate security to make restitution in
case the judgment is reversed or modified, he may,
upon leave obtained from the court below, or judge
thereotin vacation, proceed to enforce the Judgment
such security must be an undertaking executed 10
the plaintiff in error by at east two sufficient sure
ties to the effect that If the judgment be reversed
modified; he will make full restitution to the plaintiff
in error OF the money by him received under the
judgment s .
Sec. 523 No proceeding for reversing, vacatng,
or modifying judgmentsor final orders shall be COM
menced unless within three years after the rendition
OF the Judgment, or making OF the final order conf
planned O or, in case the person entitled TO such
proceeding be an infant, married woman, person
OF unsound mind or imprisoned, within three years
us aforesaid exclusive OF the time of such disability
Sec. 52i. No proceeding to reverse, vacate, or
modify any Judgment rendered, or final order made
by justice OF the pence, shall operate stay Of
execution unless the clerk OF the court OF common
pleas shall take written undertaking TO the defend
ant, executed on the part o the plaintiff in error, by
one sufficient suretics, to the effect that the
plaintiff will pay all the costs which have accrued
may accrue on such proceedings in error, together
with the amount OF any Judgment that may be rem
dered against such plaintiff in error, either on the
further trial Of the case, after the judgment of the
court below shall have been set aside, reversed
upon, and alter the afiirmance thereofin the court OF
ing, shall have the same time for prosecuting the
sane before he is barred, as is provided in the last
section, unless the said judgment has been paid oil,
or satisfied prior to the commencement OF such pro-
oeeding.
See. 525. Execution of the judgment, or final or
der OF any judicial tribunal other than those enume
rated in this Title, may be stayed on such terms
may be prescribed by the court judge thereof in
which the proceedings are pending
Sec. $3.50 When judgment, OF final order shall
be reversed either in whole or in part in the district
court supreme court the court reversing the same
shall proceed 10 render such judgment us the court be-
low should have rendered, remundthe cause TO the
such judgments and the court revers-
ing rjudgmSat offnal orders shall not issue ex-
ectniGh}in psnses that qta removed before them on
ertSs on wliIsh:tleS o,ineed Judgment, as ntore-
is esW go e exc ssS9
there,lpon; sand sooari "a which, such special
mandate il s6nf, s6s3 30 ifnsspe6 sasss In the
sam. same a,aansS sEi 6 ssa.
fsaspsss ssse s ssssas
court. the same snner as il sde hsueen
ssssars.ss s;s S% IL .s swa 70 St q
eau be further heard {ihe
s Sec ssss sss NV Wien Judgment, NM
aeysilf n errors rsSdver 1ss ses.s aad se.,
Sec. s5cs A mistake, aegcet oH Hfon Of the ossis
shall rot be agrouud oi error, until hes ss,
presented and acted upon in the tle siis
take, neglector omission, Occurrcdsltg ~ - - "
Sec. SEQ Rendering Judgment before the acttQp stod
for trial according I, the provisions
Sec. $780, Wrs of error and certiorarT 10
are sbolisnsd but COURTS shah have the sans ID
compel, complete and perfect transcripts Of the pec
ngs containing the or final order e
reversed, tobe Furnished as they heretofore at undei
writs Of error and certiorar. ~ > -g .hsts sss4;
SEC. 5SI. Ifthe Judgment of justice ofthepeaOe T.
pleas be affirmed shall bstbe duty ofstch court
der Judgment against in etror, ,for thesessts
sh.s sn srsapon s"a ss s u
4; y
ss' sff. sssa' S.s srsa
sec. 55s When the proceedings Of Il jSs.isa Or the
peace are takenon error to the pleas,
shall be reversed aside judy,
of reversal and for the cDss tt haVe aecrued up
: s s !s:ss I Il
sss, 5ss TAohasiS "a ies. IN.
sssss | s!sa
ass isp ssi . sai '
pfoceednss "a rsyerse. sacate, 6S modify
Judgements and o. fders In The coplts in which
thew IRE srenaefed.s - isss. ~ ( 4 :