The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14

ter proceeded IN as u no appeal had bee
taken.
SEC. III Ifthe plaintiff. in the actio
before the Justice, shall appeal from an
Judgment rendered against such plain
tiff. and after having flied his transcript
and caused such appeal to be docketed
according to the provisions Of this act
shall fail to file petition or otherwise
neglect 10 prosecute the same TO fna
Judgment, $50 thar such plaintiff shall be
come nonsuit, il shall be the duty of thu
court to render judgment against such ap
pellant, for the amount Of the judgmen
rendered against him by the Justice o
the Peace. together with interest, accrued
thereon. and for costs ofsuit. and to award
execution thereof as in other cases.
SEC. l8. II both parties fail to entel
such appeal within the time limited a,
aforesaid, the Justice, on receiving Ger.
tificate from the clerk Of the court. stating
that the appeal was not entered, or being
entered, was dismissed as aforesaid, shall
thereupon issue execution upon the judy
ment, in the same manner as if such ap
peal had never been taken.
Sec. ll9. If any person appealing from
a judgment rendered in his favor, shall
moi recover greater sum than the amoun
for which judgment was rendered. be
sides costs and the interests accruing
thereon. every such appellant shall pay
the costs OF such appeal.
Sec. 100. oWhen any appeal shall be
dismissed, or when judgment shall be en-
tered in the Court of Common Pleas
against the appellant, the surely in the
undertaking shall be liable to the appellee
for the whole amount of the debt, costs
and damages, recovered against the ap
pellant.
SEC. l2l. When an appeal taken TO the
Court of Common Pleas shall there be
quashed by reason Of irregulerity in ia,
king or concentrating the same, the
cause for quashing shall be stated in the
order OF the court, and transcript ofsuch
order shall be lodged with such justice
who shall thereupon proceed to issue ex.
ecutlon. in the same manner as if no ap
peal had been taken.
SEC. Ice. In proceedings on appeal
when The surety in the undertaking shall
be insufficient, or such undertaking NAV
be insufficient, in form or amount, il shall
be lawful for the court, on motion, TO or.
der change or renewal of such under.
taking, and direct that the same be Ger.
tilted to the Justice from whose judgment
the appeal was taken, or that il be recor.
ded in said court.
SEC. 1873. Appeals in the following ca.
ses shall not be allowed
lon judgments rendered on comics.
sion:
2-ln jury trials where neither party
claim in their bill of particulars sum ex.
ceeding twenty dollars.
SIN the action for the forcibIe entry
and detention, or forcible detention of re.
al property.
4--ln trials of the right of property.
and the statutes, either levied upon by
execution or attached.
SEC. 1874. When the term of office of a
Justice shall expire between the date Of
the judgment and the time limited for ap.
peal, such justice may take the underta.
king for appeal at any time before he has
delivered his docket TO his successor, and
give the appealing party transcript
Alter the delivery, of the docket, the un.
dertaking shall be given to his successor,
and it shall be his duty to give the tran.
script and do and perform all things re.
quired OF his predecessor.