Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-19
ARTICLE VIII.
JUDG MENTS.

Sec. lO4. Judgments that the action be
dismissed without prejudice to now action
may DO entered with costs, in the following
cases.
when the plaintiff voluntarily dis.
misses The action before ii Is fnaly submit.
ted.
s.When he fails 30 appear at the time
sPec'hed IN lie Summons, or upon adjourn.
men'' or within one hour thereafter.
o. w len il is objected at the trial and ap.
Ppars oy The evidence that the action is
brought in the wrong township.
Sec. los, If the plaintiff fail 10 appear q,
tho return day Of the Summons, and his bill
Of particulars be no, filed and evidence be.
fore The Justice, the action mus. be dismiss.
ed. 1.-THE defendant fail 10 appear at the
return day OF The summons, or il either par.
~ fail 10 attend at The time 10 which trial
has been adjourned, or fail 10 make the nee.
essary bill Of particulars, or fail in his part,
'ae cause may proceed at the request of the
adverse party, and judgement must be given
in conformity with the bills of particulars
and proofs.
Sec. l06. When judgment shall h,ve
been rendered against defendant in his alb.
sence, the same may be SET aside on the fol-
lowing condilions:
1-Thal his motion be made within ten
days after such judgmen, was entered.
2-That no pay or confess judgmen. for
COSTS awarded against him.
3-That he notify in writing the opposite
parry. his agent or attorney, or cause 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 county, and If he be not q resident OF The
county BY leaving written notice thereof
The Office Of the Justice ten days before
trial. ......, ....
Sec. lo7 Upon verdict the Justice mus
Immediately render Judgment accordingly
When the trial is by The Justice judgment
must be entered imedately after the close
of the trial if the defendant has been arrested
or his properly attached; in other cases il
must be entered either al The close oil The ri
al, or if the Justice desire further time 10 con.
slider on or by the fourth day thereafter
OS'H NNJo
Sec. 1903. When the amount due 10 ehheI
f party exceeds The sum for which the Justice
; is authorized to enter Judgment, such party
may remit The excess and judgment may
, be entered for the residue. A delendan
need not remit such excess, and may with
D hold setting the amount off, and recovery
for the amount sci off, and allowed, or any
part thereof, shall not be bar 10 his subse
quent action for the amount withheld.
I Sec, 100. If the defendant any time be
. fore trial offer in writing 10 allow udgmen
/. 10 be taken against him for specified sum
the plaintiff may Immediately have udg
ment therefore with the costs then accrued
Bu. If he do notaccept such cffer before III,
Trial, and fail 10 recover in the action a sun
, equal TO the offer, he canno, recovcr cos,,
accrued after The offer; bu, costs must b.
udjudged agains. him. But the offer anc
failure 10 accept il cannot be given in evi
dence to affecI the recovery otherwise thar
as 10 costs as above provided s
Sec. 1l0. Where judgmen, is lendcret
in case where the defendant is subiect Il
, arrest and imprisonment, il must be so sla;et
/ 10 the judgn ent, and entered in his dock
ct. ~ ht 90 ft.
Concluded nert week]