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The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
SUBDIVISION LII.
Verdict.

SEC 275. The verdict of jury is either gene.
raj or spoca A general yerdctis that by which
they pronounce, generally, upon all or any oI
the issues, either in favor ol the plaintiff or de.
fcndant. A special verdict is that by which the
Jury finds the facts only. 1t must present the
facts as established by the evidence, and not the
evidence to prove them; aud they must be so
presented as that nothing remains to the court
but to draw from them conclusions of law.
Sec 276. In every action for the recovery of
money only; OF specific real property, the jury
in their discretion, may render general or spe,
cial verdict. In all other cases, tho court may
direct the jury to find special verdict in wri.
ting upon all or any of the issues and IN all ca.
scs may instruct them if they render goneral
verdict, to find upon particular questions Of fact
to be stated in writing, and may direct writ.
ten finding thereon. The Special verdict or find
ing must be filed with the clerk and entered on
the journal.
Sec 2I7. When the special finding of facts is
inconsistent with the general verdict, the former
controls the atter,a and the court may give judge
ment accordingly.
Sec 275. When by the verdict, either party is
entitled 10 recover money OF the adverse party,
the jury in their verdict, must assess the amount
ofrecoycry
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

by order ofthe court under the same restrictions and
regulations, as II the had been levied on by exec
.9ni ana The money arising tcreirom, with The amount
winch may be recovered from the garshce shall he ap
pIed TO satisfy the judgment aud costs. ~ there be not
enough to satisfy the same, the judgment shall stand. and
execution may issue thereon, for tine residue, IN all
"ots ~ IN other cases Any surplus OF the attached
property or It's PrOcccds shall be returned the defend
ant
sec, 222. The court may compel the delivery TO the
sheriff. Tor sale. Of any orte attached prOper which
an Undertaking may have been gwen AID may pfocced
sa'hary on such undertaking, to olfotce the delivery
OF tle property or the payment oi such may hc
IN cases Of contempt.
see 2.3 The court may order the sheriff 10 repOsscFs
nmsc ior The purpose Of selling IT, any OF tue attached
property, winch may have passed ont T his hands with
"i having been sold cOvcr ed into money; aud the
shcfi shall, urder such order. have the power
take Tue property, he would have under al order Of
attachment.
sec; ga II personal property which has been at
HChed, m claimed by any pcrsun other than the defend
at IL snail he the duty Of the officer to have the validity
o snch caiinticG, and such proceedings must be had
hercOh, with the like effect as in case the property had
been sozedupon execution aud claimed by third per.
sec. s2j. Where several attachments arc executed
on tcsane property, or the persons made gar
hSees me court, On e motion OF any of the plaintiffs,
may ordcr reference 10 ascertain aud report the
mounts ana prOritics of the several attachments.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
SUBDIVISION w.
Disposition Of Attached Property.

Soc. sec. The court any Judge there during va
cation may, on the application OF the plainti and
good cause shown, appoint receiver, who shall take
an oath faithfully to discharge his duty, aud shall give
an undertaking to the State OF Ohio, in such th
court or Judge may direct and with such security as
shall be approvedby the clerk of such court for the faith
ulpcornance of his duty such receiver and to nav
over all money aud account for all property which may
come into his hands by virtue of his appointment such
times and in such manner the court may direct.
Sec. 2U7. such receiver shall take possession of all
notes, duels looks of and all other
evidences OF debt, thai have been taken by the sheriff
other officer as the property of the defendant i'll attach
ment, and shall proceed 10 settle and collect the
FOr that purpose, he may commence and maintain actions
in his own name such receiver hut in such actions
no right of defence shall lie impaired or affected.
Sec. POS Such receiver shall forthwith give notice &c
his appointment TO the persons indebted 10 the
IN attaChmeni. The notice shall uc written or printed
ana s" he served on The debtor delos, hy copy per-
s0nav or by copy left the residence and the
OF such service the debtors shall stand liable the plain.
tin in attachment for the of moneys and credits
in their hands or due from them 10 the defendant in at
tachment. and shall account therefor 10 the receiver
Sec. eOD Such receiver shall when required report
his proceedings 10 the court aud hold all moneys colIcc
ted by him and property which may into his hands,
subject TO the order Of the court
Sec. 2lO. Where receiver is not appointed by the
dred and SIX the sheriff or other officer attaching the pro
perty shall have all the powers and perform all The duties
OF receiver appointed by the court or judge and may
II necessary, commence and maintain actions i'll his own
name, such officer. lie may be required 10 give
rity, other than his official undertaking.
Sec. 2l. The court shall make proper orders for the
preservation ofthe property during the pcndcncy of the
suit. 1t may direct sale of property when because OF
its perishabe nature the cost of keeping it, sale will
be for the benefit of the parties. In vacation such sale
may bo ordered by the judge OF the court. The sale snail
he public after such advertisement as prescribed for
the sale of like property execution and shall lie made
in such manner and upon such terms OF credit with Sc
curty the court judge having regard TO the proha
bly, duration Of the action may direct The proceeds,
collected by the sheriff. with all the moneys received by
him from garnisecs, shall he held and paid by him
under the requirement and responsibilities of him
sci and surucs provided in respect 10 money dc
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
ARTICLE ii.
Attachments in Certain Actions.

Sec e30. Where debtor has sold, conveyed, or 9th
erwse disposed of his property with the fraudulent in
tent 10 cheat or detraud his creditors, hinder dc
lay them in the collection of their debts; or
= is about To make such sale, conveyance, dispo
stlon OF ms property, with such fraudulent intent; or
s. Is about 10 remove his property, aniaeral part
lercot, with the intent, to the effect, of cheating
deiraudIng his creditors, of hndcriug delaying
them IN the collection of their debts creditor bring
an action on his claim before il is due and have al
taehlhent AGAINST the property Of the debtor.
sec SJi The attachment authorized by the last
on may he granted by the court in which the action
is brought or by aludge thereof; hat before such action
shall he brought such attachment shall he granted
IN writing, showing the nature and of the pa
uh clam, that 1t is just, when the will I've come
uu and the existence OF some of the grounds for
'aolinelt enumerated in the preceding section
sec W. 1T the court judge refuse 10 grant an
ucr ol attachment, the action shall be dismissed, but
Wot prejudice to future ac!ioni and in all such
'iols, Application for an attachment must be Ia made.
sec 233 The order OF the court Judge granting the
attachment shall specify The amount for which it is al.
lowed rolcNceediug sufficient satis the ain.
TN 5 claim aud the probable costs of the action.
sec GJl The order OF attachment, as granted hy the
court or judge shall not lie issued by the clerk until
on the part of the plaintiff is detected hy socian one
hundred aud ninety three = Wv
sec s35 The plaintiff in such action shall not have
yuagenl on his claim, before it becomes due and the
delay. "''''"'
See 2?6. The proceedings in the fr. article Of this
chapter subsequent to section hundred aud ninety
lhrcc, sla so lar they applicable, regulate tie
attachments authorized by this article.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
ARTICLE V.
Exceptions.

Sec. 29O. An exception is an objection taken
to Il decision o the -courl upon matter of law.
Sec. 2ol. The party obecting taken TO n de-
cisiOn must except at the time the decision is
made, and time may be given to reduce the ey.
ception 10 writing, bat not beyond the term
Sec 292. No particular form of exception is re.
quircd. The exception must be stated, with 50
much of tha evidence as is Necessary to explain
il, and no more, and the y hole us briefly as pos
siblc.
Sec 293 Where the decision objected to is
entered on the record, and the grounds of obiec.
ton appear in the entry the exception may be
taken by the party causing to be noted, at the
end Of the decision, that he excerpts
See. 29l. Where the decision is not entered
or the record, or the grounds Of objection do not
sufficiently appear in the entry, the party exccp-
ting must reduce his exception TO writing, and
present it to the court for lis allowance If truc
ii shall be the duty oil II ma jprty oi the Judges
composing the court, TO allow and sign II where.
upon it shall be filed with the pleadngs as part
of the record, hut not spread at large on the
journal. II the writing is not true, the court
shall correct il, or suggest the correction to be
made, and it shall then be signed as aforesaid.
Sec. 295. No exception shall be regarded, un.
less it is mnterial, and prcjudicial to the sub.
stantial rights OF the party excepting.
Sec. 2J5. Exceptions taken to the decision Of
any court ofrccord may, by leave nj such court,
be withdrawn from the files by the party taking
the same, at any time before proceedings in error
are commenced, and before the exceptions are re-
corded.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

discovered before, but are discovered after IL,
'eim at ""'ch INC verdict, report u! referee, oi
decision was rendered or made. tho ,o,t,c,it,r
NAV be made by petition filled az in oihor case,
hpt hier than The 'ccond term after the d scoy
etyi on which a summons she'll issue, be return
able aud served, or publication made as prcscti
bcd IN section scycuty.wo. The mr,s stated in
thH petition shall be considered Ne denied with
out answer, nnd il the sorsisc sh ~ complcir
~ vac" tio!" TIE casc anall be- hes dand snmnari.
y dcciJed at The ensuing term, and il in term,
II shall be heard and decided alter the rxprst,on
oI twenty days frnm such scryirc The cssr
sbaIl be p'1crd On the trial docket, and the wit
nesses shall be cx1mincd in open court, or their
oepos'tion7 taken ss IN other cases. but 10 such
reulion sl'a be filled more than one year after
TIC Ina! judgment was rendered.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
SUBDIVISION II.
How an Attachment is Obtained.

Sec 1872. An order OF attachment shall be made
by the clerk of the court, in which the action is
brought in any case mentioned in the preceding
,ion when there is filed in his Office, affidavit oil
the plaintiff, his agent. or attorney, showing,
]. The nature OF the plaintiff S claim.
9 That il is IIst
g. The amount which the alnnt believes the
plaintiff ought to recover: and
a. The existence OF some one OF the grounds tor an
attachment, enumerated in the preceding section.
Sec l93 When the ground Of the attachment is,
that the defendant is foreign corporation,
resident OF this State the order OF attachment may be
Issued without an undertaking.
In all other cases, the order of attachment shall
not be issued by the clerk until there has been exc
cuted in his office, by more sufficient sureties
of the plaintiff 10 be approved by the clerk, un-
xlertaking not exceeding double the amount of the
plaintiff caim to the effect that the plaintiff shall
nav the defendant all damages, which he may sus-
tain by reason of the attachment, II the order be
wrongfully Obtained ~
ed and delivered to the sheriff II shall require him
90 attach the lands tenements goods chattels stocks
or int rest in stocks rights, credits moneys and ei
facts of the defendant IN his county, not exempt by
law from being applied to the payment OF the plain
tiT's claim or so much thereof as Will satisfy the
Mai i,ifs claim TO be stated in the order in the
affidavit and the probable COSTS OF the acon not ex'
,ceeding fifty dollars
Sec los. Orders of attachment may be issued Ia
the sherif of different counties; and several othen
NAV a the option of tho plaintiff, he issued at the
same time or in succession: but such only as have
been executed, shall be taxed in the costs, unless o.
therwise directed by the court.
Sec. l96. The return day OF the order OF attach
m,nt. when issued at the commencement OF the ac
zion shnll be the same that oil the summons; wheT
issued afterwards it shall beltwenly days after il is
saueu
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

being lost, removed materially Injured or thai IA
condition Of the mortgage has not tsrn ne petfo,med AZ
iheite property Is probably nsuf eient To discharg
the mortgage dcd:
g. After Judgment, TO carry the indrmen, into eqet,
y Amer Judgment, 10 dispose NJ the uroprrty accord
lhg TO the judgment OF 70 preserve during the pendcn
y oi az appeal Of Wlen execution has teen Tctnrne
hngotished aud the Judgment drtor ttf sea 10 ari,
ihe property IN SUBTRACTION Of the lndyinent
D. IN the cases provided iH THIS code and By speeis
statutes, when corporation has Lo.n Dissolved or IN
tovGnt OF IN inmin'nt danger Of insolvency has i1t
Ieted It's corporal. rights.
o. ln al other cases where receivers havc hcrctoor,
een appointed ny iie uHagcs Of courts orequi,y.
sec 21l No party, attorney or petson interested
IN an action, thaU be appointed receiver therein
see 31J Before entering Hpon his duties the receiver
nn'' We swornto them faithfully and with ono
% more sueies approved Ivy the Or Judge err,u,e
an Undertaking 10 such person aud in svcb sur , a.
con OF Judge shal direct to tie effect that he viii
~ " d. ehsrgc the duties ofrecciver In The action .d
oley the orders otthe court therein ''''' a""
Sec. $50. The receiver has under Tho cor,,o, -, .t
court, power TO bring aud defend actions in his o,n
name as receiver TO take and keep possession Of te
% ,eceiVe rents, collect dehts 10 compound
or ana comp omisc the zane, TO make transfers and
peneray todo such acts respecting the property as The
court may authorize. F' - '"'
Sec. sj7. Funds In the hands Of receiver may ho u
vested nron interest ny order OF the COURT ut no sb
order shall lie made except upon the consent Of m ,
paricsto the action. - o'' '''
Sec 25s When it is admitted by the pleading or o.,
ANIMATION oi party, that he has his uossrSson "a,
under MS control, any money other thing carnbe m
delivery, which bcingtle subject the LITIGATION IL bed
ny Nun as trustee Tor another parity which belongs or
be deposited in court delivered to such marty with ~
without security, subject TO the further direction Of the
court. " " ''''
Soc. $50. Whenever. in iheexercise of,s au,bo,i,,
court shall have ordered the deposit or delivery
cy or other thing aud the order is disocved the court
msides furnishing the disObcGencp. as for contcmpt
may make an order reqn rng the shprto tax the mon
cy or tthg and deposit or deliver M conformity with
INC direction Of the court.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
ARTICLE III.


sec. 2i9. The trial by jury may be waived by
| the Pifies IN actions arising on contract, and
WIN ihe assent Of tho court, IN other actions, in
The following manner:
J. By Tho c'nscnt u the party appearing when
tnc ''ncf paity iaila TO appear at tic trial hy
hIinse or attorney.
e Ey written consent 10 person, or by aitor.
ney, filed with the clerk.
D. by oral conscntin open court entered on
the journal.
sec. 29O. Upon the trill Of questions Of fac,
ny inc court IL shall not be necessary for the
court To- state its finding goncrslly .ortbo
PI"Ihtih or dclendant, unless one or the parties
loqu'st u, WIN the view pf excepting 10 the de.
clsI'h OF The court upon the questions of law in
VOWED in the trial. in which case the court sba II
STATE ~ writing the conclusions of tact found
stPltatoIy from The cOnclnsiyna Of law.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
ARTICLE ".
Trial bv r .ncrcrs.

! Sec. 2-l. All orany Of the issues in the nc
/ Ton whether Of factor Of law, or both, NAV br
referred, upon the written consent ofthe psrtic.
or upon their oral consent m court entered uuou
! the journal.
Sec. 2s2. Where the parties do not consen,
tnc court may upon the application Of either, Of
OF IT'S own motion, direct reference in either o.
the following cases:
]. Where the trial Of an issue of fact shall re-
qulrc the examination Of mutual accounts. O,
where the account is on one side onlyaud i, sha 4
be made TO appear TO the court, that il is nrccs.
sary that the party on the other side should be
examined as = witness 10 prove the account: in
Whlch cases, tho referees may be directed 10 hea
and report upon the whole ssuc or n2onsny sp,.
enc question OF inct iavolyed therein, or
=. where the taking Of an account shall he
necessary Tor The Information Of the court before
judgement, in cases which may he determined
by the court, or for carrying judgement into
effect, or,
B. Where question of fact, other than upon
the peadings, shall arise, upon motion or other
wise, in any stage of an action.
Sec. 2o3. The trial before referees is conduct
ca III Inc same manner as ii trial by the court
They have the same power TO summon and en-.
lorcG the attendance OF Witnesses to administer
all necessary oaihs in the trial Of the case, and
TO grant adJournmcnts, 0s the court. upon sucb
trial. They must state the ficts found and tho
conclusions OF law, separately, and their decision
must be given, and may be excepted to and re.
viewed in like manner. The report Of the re.
icrces upon the whole issue stands the decision
oi the court, and judgement may be entered
thereon in the same manner as il the action had
been tried by the court When the reference is
TO report the i'cts, the report has the effect of
special verdict.
Sec PSI In all cases Of reference. the mar.
ties, except when an infant NAV bc.a party, may
agree upon Il suIti bic person, or persnug not cy.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
CHAPTER III.
SUBDIVISION |.
Grounds Of Attachment.

Sec. 1871. The plaintiHn civil action for the re-
covery of money, may, at or after the commence
ment thereof, have an attachment against the prop
erty of the defendant, and upon the grounds herein
stated.
l. When the defendant, or one of the several de-
PENDANTS, is foreign corporation or nonresident
of this State. or
3. Has absconded with the intent to defraud his
creditors: or
3. Has left the county of his residence, to avoid
the service of n summons: or
d. So conceas himself that summons cannot
be served upon him; or
5. Is about to remove his property, or part there
of out of the jurisdiction of the court, with the in
tent 10 defraud his creditors: or
g. Is about TO convert his property or part there.
of into money for the purpose OF placing it beyond
ihe reach OF his creditors or
Z. Has property, or rights in action, which he
conceals or
8. Has assigned, removed, or disposed of, or is a.
bout dispose OF his property, or part thereof with
the intent TO defraud his creditors: or
9. Fraudulenty contracted the debt or incurred
the obligation for which suit is about TO be or has
been brought. But an attachment shall not be gran
ted on the ground that the defendant is foreign
poralion or nonresident of uis State, Tor any
claim other than debt or demand arising upon con-
tract, Judgment, or decree.
The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
CHAPTER II.
Means OF Producing Witnesses.


Sec. 3I6. The clerks Of the several courts and
Judges of the Probate courts shall, on application
ol any person having Il cause or any matter pen.
ding in court, issue subpoena for witnesses un.
der the seal Of the court, inserting all the names
required BY the Applicant IN one subpoena, which
may be served by the sheriff, coroner, or any
coustu Bile of the county, or ~ the party or any
other person. When subpoena is not served by
the sheriff coroner or constablc proof Of service
shall be shown by affidavit but no costs OF ser.
wing the same shall be allowed, except when
served by an "itlce7.
Sec, 3l7. The subpoena shalt be directed to
the person therein named, requiring him to at
tend at particular time and place, To testify as
a witness aud it may cOntain Il clause directing
the witness to bring with him any book, writing,
or other thing under his control which he is
bound by law to produce as evidence.
See. 3lS When the Attendance of the witness
bscore any officer authorized to take deposition
is required, the subpoena shall be issued BY such
officer.
Sec. 3l9. The subpoena shall be served either
by reading or by copy, delivered to the witness,
or lsCt at his usual place Of residence; bat such
copy need Not contain the name OF any other
Sec. 3?O A witness shall not be obliged to at.
tend for examination on the trial OF civil ac'
ton, except in the county OF his residence, nor
to attend to give his deposition "ut ofthe county
where he resides, or where he m"y he when the
subpoena is served upon lIin.
Sec. 32I A witness may demand his travel.
ing fees, and fec for one days attendance, when
the snbpocna is served upon him, aud il the
same be not paid, tho witness shall not be obl!'
rod to obey the subpoena. The iact OF such de-
mand and non.payment shall be stated in the
retura.
See, 322 Disobedience Of subpoena, or re.
c,snI In he swog. or to answer as n witness. or
subscrboa deposition, when lawfully order