Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-04-26
OPINION OF JUDGE CALDWELL.

OPINION OF JUDGE CALDWELL.
The first question which arises in this case
is one Of jurisdiction. BY statute passed
on the 22nd of March 1850 48 volume OF
Ohio Laws, page 80, section 3rd, ii is provi.
ded "thai any Judge Of the Supreme Cour,
any president Judge Of the Cour, OF Common
Pleas within his circuit. the judges of the
Superior and Commercial Couri OF Cincnna.
H. and the Superior Coun of Cleveland. with.
in their respective Counties; may grant in
functions and appoint receivers in vacation.
upon proper application, as fully as their
courts respectively could do in session, and
upon The like application and coming in o
answer (due notice thereof. in writing, hav
ing been given to The party or parties com.
painan1 may dissolve iniunctions and va
cafe receiverships as fully as their courts re-
spec,ively could do in session: Provided.
however, that all such orders made in vaca
lion shall be properly written Out, a'tesled b.
The Judge making the some, and be filed in
The proper clerks office as part Of The pro,
ceedings 10 be recorded"
This law of course had reference 10 courts
eAInlnH uuuCI tuU OIu uI'
cause has been commenced, since the adop'
ZION Of the new constitution, in the court Of
Common Pleas of Highland county. An in.
Junction was granted in vacation by Judge
Of The court Of Common Pleas in franklin
county. The answer Of the defendants hav.
ing been filed, The cause came on for final
hearing by consent, and the injunction was
dissolved, and the Bill dismissed. From
that decree an appeal was taken, which hav'
ing been perfected, the case is now pending
in The District CourI, and the question arises
whether single Judge has power 10 act du-
ring vacation on motion 10 dissolve under
The statute 10 which have referred.
BY the frs, section Of an act passed ont the
30lh Aoril, 1859, (50lh Ohio Laws 1917 i,
is provided "lhat all process and remedies
authorized by The laws of this State, when
the present Constitution took effect. may be
had and resoued 10 in The Couris Of the pro.
Ter Jurisdiction, under The present Consliiu-
lion; and all The laws regulating the practice
of, and imposing duties On, or granting pow
. ers to The Supreme Court, or any Judge
thereof, and the Courts of Common Pleas, or
, any judge thereof, respectively, under The
) former constitution, except as 10 matters ol
Probate jurisdiction, in force when The pre-.
sent constitution took effect. shall govern the
practice of, and impose like duties upon the
District Couns and Courts OF Common Pleas
and The judges thereof respectively, creoted
by the present Constitution, so far as such
; process, remedies and laws, shall be appli.
! cable 10 said Courts respectively, and 10 the
= Judges thereof, and not Inconsistent with The
2 laws passed since the present Constitution
, took tfieol" ge, ai -.,. F
: Strictly speaking, there is no such Thing
under The Constitution and laws of Ohio al
e District Judge The District Court i,
. formed Of The Judges ol other Courts One
ofIhe Judges The SupIem Coun and The
Judges ol,he Courts Of Common Plens in the
Q proper district constitute the District Courl
. The Statute provides that all the remedies
4; under the old Constitution shall upplyundel
I The new, and recognizes District Court anC
+. District Judges. lsuppose .ha. This is on,
Of the remedies TO which The statute was in
. tended 10 apply. The granting and dissov
Z ing injunclIons are placed on The same foot
. ing, and a Judge in vacation has the SAINT
E, righl and power TO dissolve an injunction al
i, The Coun when in session.
I. Il has been suggested that ! am not Q
+, Judge Of this particular district. hav'
G been assigned 10 hold The next term of tn,
u District Crurl in Highland county, but ihil
!. is merely accidental, and makes no differ
i. ence as 10 my power TO act. Any olhe
. Judge might sit and exercise the same juris
I! dicdon, and so any olher Judge Of the Su
3 preme Conrt nigh, act on this molon. AiI
: constituting a member Of he District Cour