The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20
ARTICLE VIII.
INdurnents.

80 AhAlNLt4 III.
a Judgements.
Z sec. I04. Judgments that the action be
dismissed with out prejudice to new action
may be entered with costs, in the following
gases:
.SnI-When the plaintiff voluntarily dismis,
Is the action before it is finally submit
aed
,h2--W hen he fails to appear at the time.
specified in the summons or upon adjourn
raent or within one hour thereafter
ts3-When i; Is objected a the trial and ap-
pears by he evidence that the action Is
brought in the wrong township.
siaSec. los. If the plaintiff fail t" aPpeat
at the return day of the summons, and his
bill of particulars hc not filed and evidence
before the Justica the action must be DIS
missed. II the defendant fail to appear at
The return day OF the summons, or if either
party fail to attend at the time to which q
hial has been adjourned, or fail to make
che necessary bill OF particulars or fail in
the proof on his part the cause may proceed
at the request vi the adverse party, and
judgement must be given in conformity with
the bills OF particulars and ploss.
Sec. LOG. When judgement shah have
been rendered against a defendant in his
absence. the same may be set aside. upon
the following conditions:
%l-That his motion he made within ten
days after such judgment was entered
2-That he pay or confess judgment tor
the costs awarded agat.lst him.
3-That he notify in writing the oppo-
site party bis agent OF attorney, or cause
it TO be done, of tiIt opeuIng OF such luh9-
ment and of the ,ime and place OF trml at
least five days beige the time 1t the party
reside in the county and if he be not q res
ident of the county by leaving written
notice thereof at the office of the Justice
ten days before the trial.
Sec. 107. Upon a verdict The Justice
must Immediately render Judgment accord
dinghy When the trial is by thG Justice,
judgment must be entered Immediately
after the close Of the trial ii the defendant
has been arrested or his property attached
in other cases il must be entered either at
the close of the trial, or ii he Justice then
desire further time to consider, on or by
the fourth day thereafter, boh days lnclT-
sive.
Sec. lO8. When the amount due to Ell
ther party exceeds the sum for which the
Justice is authorized to enter judgement
such party may remit the excess anu judgment
may be entered for the residue. A deten-
dant need not remit such excess, and may
withhold setting the same off and recov-
cry for the amount sgt off AMI allowed,
or any part thereof, shall not be bar to
his subsequent! action for the amount with
held
Sec. i0.,. If the defendant any time
before trial offer in writing to allow judg-
ment to be taken against him for specified
sum, the plaintiff may Immediately have
Judgment therefor with the costs then ac-
crued. g4l3a. ii he do not accept such offer
before the trial and fail to recover in the
action sum equal to the offer, be cannot
recover costs accrued after the offer; but
costs must be adjudged against him. But
the offer and failure to accept 1t cannot be
given in evidence to affect the recovery
otherwise than rs to costs as above provld-
ed.
See.s110. Where judgment is rendered
in case where The defendant " subject
stated in the judgment, and entered IN his
docket
Sec. III. In all cases not otherwise spe
cially provided for by law, either party may
appeal from the final Judgment OF any Jus
tice Of the Peace to the court Of common
pleas of the county, where the judgment
was rendered
Sec. 1I2. The party appealing shall, with
in ten days from the rendition OF tAe judg-
snent, enter into an undertaking to the adj
verse party with at least one good and suf-
fcient surety to be approved Of by such JUS
tce, in sum not less than fifty dollars in
any case, nor less than doufle. the amount
Of the Judgment costs, conIitIoned:
l--'fhat tile appellant will prosecute his
appeal to effect, and without unnecessary
delay:
2-That ifiudgment be adjudged against
him on the appeal, he will satisfy such Judg-
ment and COSTS.
Such undertakifg need not be signed by
theappellant.
Sec. If3. And the said Justice shall
make out certified transcrirt of his pro-
ceedings, include the undertaking taken for
such appeal and shall, on demand, deliver
the same tothe appellant, or his agent; who
shall deliver the same to tie clerk Of s1e
court t. which such appeal may be t&5en
on or before the second day oftcrm thereof,
next following such appeal; and snch JUS
tice shall also deliver or transmit the bill or
bills Of particulars, the depositious, and all
other original papers, ifany, used on the
trial before him. TO such clerk, or before the
said second day of such term; and all fur
ther proceedings before the justice of the
Peace, in that case, shall cease and be stayed,
from tLe time Of entering into such under
taking. %
See. ia. The clerk, on receiving sueh
transcript, and other papers as Aforesaid,
shall file the same, docket the appeal.
Sc. lis, The plaintiff in the court below
shailbe plaintiff in. The Court Of Comhion
Pleas; and the parties shall proceed, in all
respects, IN THE same manner as though the
action had been originally instituted in the
SslA.enurt.
See ll6. 1.-THE appellant shall fail to de-
liver the transcript, and other papers, if
any 70 tl8 xlerk, and have his appeal dock
Steasas Aforesaid. on or before the second day
" theterm of Tie said court next after such
appeal the appelee may ut the same term
M said court, file atranscript Of the proceed
inga and judgment of such astice, and the