Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-05-26
April -, 1883
/ AN ACT
No. 80 |.


April 10. 1858.
No. 80 AN ACT
To r.iicve the District Courts and to give grcatel
efficiency to the Julicial System of the State.
SECTION /. Be 1t enacted By the General As
senJiy Of the Slate Of Ohio, That "a second tria
may he demanded AMI had in any civil action
which has been heretofore or may he hcrcaitel
instituted in any court OF common pleas in TIN:
STATE in which saIl court has original j~urisiic
ton and in winch either party has the right 10y
law To demand Il trial by Try aud in which az
issue Of fact has been joinel between the l%Eartie:
or any two of them 10y their plealiugs in tii,
action, and after i ia lgarnt ~ final orier la,
been or may be rendered upon the terms and IN
The mInnrr hereinafter provided. and new trI'
ais may he gri tel in such action after such
seeon trial thereof upon the grounds aud in the
manner provided fer the granting of new TRIALS
10y the code of civil procedure.
SEC. ,. Anv person desirous OF such second
trial, us provided fUr in the preceding section
shall. at the term of the court at which judy
ment was rendered. enter on the records OF the
court. Go;ic. OF his intention 10 demand such
second trial. And in case of such demand Tor
such second trial. the party, at whose instance
the demand is made, shall enter into an under
taking with security to the satisfaction of the
clerk f the court, payable to the adverse PARTY,
in such sum rs may he fixed 10y the court. and
cond toned {, the effect that the party Obtaining
such second trial. shall abide aud perform the
o:lcr and Judgment of the court, and pay all
moneys, costs and damages which may be re
quirei Of. or awarded against him, consequent
upon such second trial.
SEC. }. That there shall be made out and
kept in the court of common pleas, Il second trial
u -a.l - - sl-aa
order, all causes in which the right tn second
trials shall have been perfected. as herein pro
viiei, which docket shall be called, and the
cIu5- : thereon tried and disposed of under such
Standing rules rs the several JUICES of the court
of common pleas of the district, or q majority Of
them. shall establish.
Sec In ali eases pending in the court Of
common pleas, or either oi the superior courts of
this state either parry shall have the right 10
exc pt to the opinion of the court, on 4 motion 10
direct 4 non-suit. TO arrest the testimony from
the Jury. AMI also. in all eases of motion for a
new trial, by reason of any supposed misdirrc-
Of the court to the jury, or by reason that
verdict. or in case the jury he waived that
the finding of the court, may be surprised to be
against Law or evidence. So that said case may
b. removed 10y petition in error, and when a
party 10 a suit in either of the aforesaid courts
alleges an exception to the opinion, or order, or
Judgment Of such court, It shall be the duty of
the Judge or Judges of such cour;. coEcurring in
Judgment, opinion or order, Ii required 10y
such party during he progress of the ease. to
sign aud seal II bill containing such exception or
exceptions. before the case proceeds; or, if the
party consents. the signing and sealing of such
bill OF exceptions may be suspended until the
trial is closed, but said bill of exceptions shall
be signed and sealed during the term, and such
Ill . ,1,a,.,,,, ,vl,., sir,.l ,p1 s.ala.l eball
if the party desires 1t, be made Il part of the re
lrd in such suit.
SEc. D. That section one Of an act entitled
an act regulating appeals to the district court"
passed March q, 1852. he so amended as to read
IS follows: That appeals may be taken from all
final judgments, orders or DEGREES in civil actions.
n which the parties have not the rIgIt. by virtue
# the laws of this state, To demand a trial by
.ury, and interlocutory orders dissolying %iniunc-
ions rendered by any court of common pleas of
state, IN which 1t has original jurisdiction,
Dy any party against whom said Judgment or
Jrier shall he rendered, or who may be effected
to the district court, and the nc ion So
appealed shall be again tried. heard and decided
in the district court in the same manner as though
said district court had original jurisdiction
Of the action.
SEC 6. The said original section one and
Twelve of the said act regulating appeals to the
district court, be and the same are hereby repeal
Ell: Provided. however. that such repeal shall
not effect any action now pending in the district
court, or any action which 4 party may have
notice of Intention to appeal from any
in lgnent or order of ans court OF common pleas,
IN which it has become too late 10 apply for Il
second trial under the provisions Of tins act
SsC. /. That it shall be the duties of the Judges
IF the supreme court, or a majority OF them, ia
= - -
the times for holding the terms Of Tie
district courts for the next succeeding year, and
50 arrange the terms and appUrtion the labor of
iu lgls, that a judge of the supreme court can
be always present IN every district court which
NAV be held in the state; ami Il Judge OF the
court of common pleas VINO has decided IA cause
in the common pleas, shall not sit on the review
If his own decision, in the district court on error.
y otherwise. when there is Il quorum in the dis
court without him.
SIC. 8. That Immediately after the times for
.he terms Of the district courts shall have been
liked as aforesaid. an accurate list of The same
shall be furnished to the secretary Of state and
he secretary nf state shall forthwith thereafter
:ause copies of the list of the terms of the district
so fixed for each in licial district 10 Ice
male our, and one copy thereof to be forwarded
o each ia ige OF the cummoa pleas of the district.
And ii shall b. the duty OF the judges of common
pleas in each and every common pleas district in &.
he state Ia FIX the times for the terms Of the cJurt
IF common pleas in each of the counties in their
districts 50 as not TO conf. ct with the
erm of the district courts, fixed and arranged as
by the the judges of the supreme court.
SEQ. 9. That the judges Of the court Of COM
non pleas or a ma ,rity of them in each common
pleas district, on or before the second Monday of
of each year, shall issue their written
: 4. l. - r a.. L,,a. Is a-a,A -
If each and every county in their said district.
specifying precisely the commencement OF the
leras of the district court. and of the several
of the court of common pleas in said county
md in all the counties in said district; Provi-
led, that not less than three terms of the COM
mon pleas court shall be appointed for any
county for which three terms are now 10y law
provided, they shall also Immediately thereafter
a certified copy of said order to the Sec
rrtary of state who shall preserve the same among
the files of his Office.
SIC. 10. Whenever said order so issued shall
have been received by the clerk Of the court of
common pleas in any county. he shall immedi
ately enter the same upon the journal of the court
Of common pleas, and also upon the journal Of
the district court in his said county, in the same
manner as other entries when required are made
upon sand journals during reactions of said court,
and said entries shall be full aud sufficient evil
dence as to the legal terms for holding said
courts as therein ordered. The said clerk shall
also, cause copy of snid order, certified by him.
to be published for four consecutive weeks in one
Or more newspapers Of general circulation i'll his
said county. The first publication Of the same
shall he in the first week in the month next en-
suing the date of said order.
SEC. IL. The courts named in this act shall
be held for every year, in each Judicial district,
ut the times fixed and ordered by the judges, in
accordance with the foregoing provisions, any
act or acts to the contrary notwithstanding. pro
ied. that nothing herein contained shall have
to or control the holding of courts in
he year one thousand eight hundred and fifty
sight.
SEC. II. If from any cause there occur a fail
IRE to hold the prescribed term of the district
court in any county. it shall be the duty of the
,ommon pleas judges of the district, or a major !