The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

Of contract Of sale OF real estate, may be brought
in the county where tie defendants, or any Of
theiu, reside.
Sec. AZ. Actions for the following causes,
must be brought in the county where the cause, |
or some part thereof, arose:
An action for the recovery Of fine, |
forfeiture, or penalty, imposed by a statute;
except that, when il is Imposed for an offence
committed a river other stream of water, or
road, which is tho boundary Of two or more
counties the action may be brought in any
county bordering on such river water course,
or road, and opposite to the place where the
offence was committed;
2. An action a5unst public officer, for an
A ct done by him in virtue or under color of his
office, or for neglect Of his official duty;
| 3. Anacton on the official bond or undertaking
OF public officer
Sec. Is. An action other than one Of those
mentioned in the first three sections Of this
chapter, against corporation created by the
| laws of this State, may be brought in the county
| in which it is situated, or has its principal
Office or place oil business bnt If snch corporation
b. an insurance company, the action may be
brought in the county where the cause of faction,
or some part thereof, arose.
Sec 49. An action against railroad
company, or an owner ofa line of mail stages or
Other coaches, for an injury to person or property
upon tho road or line or upon a liability as
carrier, may be brought in any county, through
or into which said road or line passes.
Sec. 50. An action other than one of those
mentioned in the first three sections Of this
cha pter, against turnpike road company, may
be brought 10 any county i'll which any part oi
r the road lies
Sec 81. The provisions o fthis chapter, shall
not apply in the case any corporation created
by law oil this State, whose charter prcscribes
the place, where alone suit against such cor
' poration may be brought.
See. so. An action other than one Of those
mentioned in the first three sections of this
, chapter, against nonresident of this State ol
C foreign corporation, may be brought in any
g county in " hich there may be property OF, oil
,. debts, owing to said defendant, or where said
4 defendant may be fouud but f said defendant
be foreign insurance company, the action may
@ be brought in any county, whcro the cause o
!, some part thereof, arose.
= See. So Every other action must be brough
II in the county in which the defendant or soni'
one of the defendants, resides, or may bt
n summoned.
d See 81 In all cases, in which it shall bt
!, made to appear TO the court. that a fair ant
., impartial trial cannot be had in the county wher
n the suit is pending, the court may change th'
d place oitrial to some adjoining county.
TITLE
e Commencement of Civil Action.
y CHATTER Manner Of commencing civil actions
o 2. Service Of Summons.
i. CHAPTER l.
&c Manner Of commencing Civil Actions.
II Sec. S. civil action must be commence
&c by filing in the Office Of the clerk of the propc
>, court. n petition, and causing Il summons to bt
issued thereon.
l. Sec. ST The plaintiff shall, also, file with til,
l. clerk of tho court, precipe, stating the names
n of the parties to the action, and demanding tha
'r u summons issue thereon.
! See. 81. The summons shall be issued by thu
&c clerk, shul be under the seal OF the court, from
IS which the same shall issue, and shall be sgnct
,f by the clerk. Its style shall be, "The State o
I, Ohio, - county," and it shall be dated tn,
t, day it is issued 1t shall be directed to th,
sheriff of the county, and command him I,
u notify the defendant, or defendants, name,
" therein, that he or they have been sued, an,
Y must answer the petition filed by the plaintiff
o giving his name, at u time stated therein, or thu
&C petition will be taken true, and iudgemcn
rendered accordingly: and where the action i
g for the recovery of money only, there shall b.
q endorsed the writ, the amount to be lurnishe,
in the precipe. for which, with interest judgmcn
n will be taken, f.he defendant fail 10 answer
" the defendant fail tunpPour, Judgment .hui
70 not be rendered for larger amount and th
?, costs.
., Sec So. " here the action is rightly through
n in any county, according to tho provisions o
d title four, summons shall be issued to un'
e other county, against any one, or mo-c, of tn
n defendants, at the plaintiffs request.
n Sec So. Where the time for bringing parties
o into court is not fixed by statute, the summons
4 shall be Bile on the second Monday ate
y the day of is date; hut where it is issued to an,
A. ohtcr than tho county, in which the action i
e brought, il may be made rcturnablc, at tn
n option OF the party Aavng il issued the thir
or fourth Monday after its date. 1t shall stat,
y the day of tho month on which it is rcturnablo
n See. 60. When writ is returned mot sum
'i moncd," other wrts mny be issued, until the de
| icndani, or defendants, shall be summoncd ant
d when defendants reside in different counties
u at the same time.