Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-14
LcoEcIUDED.I
ARTICLE VIII.
JudQments.


judgments.
Sec. 104. Judgment that the actor
be dismissed without prejudice to new
action may be entered with costs, in the
following cases:
when the plaintiff voluntarily dis
misses the action before it is finally sub
mitted.
2-When he fails to appear at the
time specified in the summons, or upon
adjournment, or within one hour there
after.
3-When it is objected at the trial
and appears by the evidence that the
action is brought in the wrong township.
Sec. 1O5. If the plaintiff fail to ap-
pear at the return day of the summons,
and his bill of particulars be not filed
and evidence before the Justice, the
action must be dismissed If the de-
fendant fail to appear at the return day
of the summons, or if either party fail
to attend at the time to which trial
has been adjourned, or fail to make the
necessary bill of particulars, or fail in
the proof on his part, the cause may
proceed at the request of the adverse
party, and judgment must be given in
conformity with the bills of particulars
and proofs.
Sec. 106. When judgment shall have
been rendered against defendant in his
absence, the same may be set aside,
upon the following conditions:
THAT his motion be made within
ten days after such judgment was en-
tered.
2-That he pay or confess judgment
for the costs awarded against him.
3-That he notify in writing the op-
posite party, his agent or attorney, or
cause it to be done, of the opening of
such judgment and of the time and
place of trial.at least FIVE days before
the time if the party reside in the coun-
ty by leaving a written notice thereof
at the Office Of the Justice ten days be-
fore the trial.
Sec. 1O7. Upon verdict the Justice
must Immediately render judgment ac-
cordingly. When the trial is by the
Justice, Judgment must be entered i'm
mediately after the close of the trial if
the defendant has been arrested or his
property attached; in other cases it
must be entered either at the close of
the trial, or if the Justice then desire
further time to consider, on or by the
fourth day thereafter, both days inclu-
sive.
Sec. 108. When the amount due to
either party exceeds the sum for which
the Justice is authorized to enter judg-
ment, such party may remit the excess
and Judgment may be entered for the
residue. A defendant need not remit
such excess, and may withhold settling
the same off, and recovery for the
amount set off and allowed, or any
part thereof, shall not be bar to his
subsequent action for the amount with
held.
Sec. 1O9. If the defendant any time
before trial offer in writing to allow
Judgment to be taken against him for a
specified sum, the plaintiff may i'm
mediately have judgment therefor with
the costs then accrued. But if he do
not accept such offer before the trial,
and fail to recover in the action sum
equal to the offer, he cannot recover
costs accrued after the offer; but costs
must be adjudged against him. But
the offer and failure to accept it cannot
be given in evidence to affect the re-
coEery otherwise than as to costs as
above provided.
Sec. 110. Where judgment is rem
dered in case where the defendant is
subject to arrest and Imprisonment, it
must be SO stated in the judgment, and
entered in his docket.