The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1853-07-06
ARTICLE II.

AN iOLE III.
OF THE COMMENCEMENT OF SUITS, SER
VICE AND RETURN OF PROCESS, AMI
PROCEEDINGS IN ARREST AND rTACH-
MENT.
II. Actions before justices Of The
peace are commenced by summons, or by
The appearance and agreement of the par
tics without summons. In the former, the
action is deemed commenced upon delive.
rs of The writ TO the constable 10 be served
and he shall tote thereon the time of re-
ceiying the same. 10 the latter case, the
action is deemed commenced al the time Of
donkeling The case.
s IL. When a guardian to the suit is ne
cessary, he must be appointed by the jus.
ice, as follows:
l.. II the infant be plaintiff, The appoint
IL en-, must be made before the summons
is issued, upon the application of the infant
# he be Of the age ol fourteen years 81
upwards; II under that age, upon The apPli-
Gallon Ul some friend.
Tle consent III writing Of the guardian
10 b. appointed, and 10 be responsible loI
cos,s If he tail IN the action, must be filed
anh die justice.
3. Ii The infant be defendant, the guar.
dian must be appointed before the trial. l.
: the right of The infant 10 nominate ms
own guardian if the infant be over four
jetn years OF age and The proposed guardl'
an BE- pre- sent aud consent III writing 10 he
appointed. Otherwise The justice may
appoint any suitable person who gives
such consent.
10. The sly lie Of the summons shall be
III he Sale OF Ohio, - county, u
shall be dated the day it is issued, signed
by the justice issuing the same, directed
10 a constable Of the proper township,
Except in case a person be depn'ed Ia
serve il. in which case it shall be directed
to such person. mus contain the name OF
names Oi The defendant or defendants, il
known; IT unknown, give a description OI
Uim or hem, and command the officer OI
~ rsnn ser";aS lie sane 10 summon tie
defendant or defendants to appear before
sush justice at his office in - town
sh p, alta lime specified therein, and mus
drsc.ibi the plaintiffs cause Of action in
u h g n raj Terms as 10 apprlse the de-
lendant Of the nature of the claim agalns
hun, aud there shall be endorsed on lhC
writ the mount for which the plaintiff
will take Judgment if the defendant fail Il
appear, judgment shall not be rendered fol
a larger amount and The costs.
II. The summons must be returnablC
NOT more Than twelve days from its date,
aud must, unless accompanied with an or
der to arrest, be served at least three day
before the time Of appearance, as follows:
!. By delivering cory of The summon
with The endorsement thereon, Certified by
The constable, or person serving The SAME
to be a true c,py) 10 the defendant, or leav.
ing the same al his usual place Of resi-
de ice.
2, An acknowledgment on the back o
The summons, or The voluntary appearance
Of defendant, is equivalent to service.
10. A summons against a corporation
my he served upon the president, mayor
Oh. i NAN Of he board Of directors or trus
tees, or ulher chief officer; or, if its chic
officer is not found in the county, upon IL
c%ashte', treasurer, secretary, clerk, o
managing agent; or, If none of the alnre
said officers can be found, by copy lei
At the office, or usual place of business u
such corporation, with The person having
charge thereof.
10. Where the defendant is an incor
poraied insurance company, and the &C
ton is brought IN a county, IN which Their
ia an agency thereof, the service may b
upon The chief officer of such agency.
II. Where The defend nj is a fOreig
corp,raIOn, having a managing agent !
his Stale, The service may be upon sue
agent.
10. When the defendant is a mine
under The age Of fourteen years, the sci
vice must be upon him and upon his qua
dian, or ia her; or il nti her OF thrse ran /
found, then upon his mother, or The persc
having the care or control Of the infant,
+, with whom hi lives. Ii neIther of the,
can he found, or, if he minor be more III,
fourteen years Of aye. %srr'ire IN lin slnl
? shall he suficInni. The manner of ser,i
may be the same as in the case of adults
APPEARANCE.
4 10, The parties are entitled 10 q
holr in which 10 appear afer the liz
mentioned in the summons for sppearanr
but are not ban T. rem1in longer II an u
time, unless both parties have appear,
d and the justice being present, is engag
in the trial Of another cause. In such ca
The justice may postpone the time Of 4
\ pearsure until The rlosr " such trial.
D. ARREST BEFORE JUDGMENT
y 20. An order for the arrest of thp
" frnra ami in a civil action, shall be made
$ the jasiice OF the peace before whom
2 same 8 brnughl, when there is fled in
'e office an hlsyil Of he plaintiff. lis
r. ihnrlzel sIenI or attorney, made be(me a
e , rsun authorized by law TO admin,
'e eaihs. 81, ling the insure Of the plainn
u Ct i'm, that i, isjust, the amount thereof
=. near as may he,and establishing nae
v more ofihe following particular:
io 2. That The defendant has removed or