The Tiffin tribune. [volume] (Tiffin, Ohio) 1848-1859, 1858-05-28

mo. oo1 AN ACT

greater efficiency to the judicial system
Of the state.
So. O. Bl it enloted by the Gouor-
al Assembly Of the State Of Ohio, That
secoad trial may be demanded and had
Ia any civil action which has been here
tofore or may hereafter be instituted in
any court Of common pleas IN this state
IL which said court has original iurisdio.
sion and IN which either party has the
right by law 10 demand q jury and IN
which an issue OF fact has been Joined
between the parties or any two Of thom
by their pleadings in the action, aud az
ter judgement or fnal order has been
ot may be rendered upon the terms and
ia the manner hereinafter provided, and
new trials may be granted in such action
after such second trial thereof upon the
grounds and in the manner provided for
che granting Of new trials by the code Of
civil procedure.
Sec. 2. Any person dosirous Of such
second trial, as provided for in the pre-
Ooding sootion. shall, At the term Of court
vt which judgment was rendered, enter
on the records Of the court notice OF his
intention 10 demand such second trial.
Aud IN case Of such demand for such
second trial, the party, NJ whose instance
the demand is made, shall enter into an
undertaking with security to the satisfao.
tion Of the clerk Of the court, payable to
che adverse party, in such sum rs may be
fxid by the court, aud conditioned to the
effect that the party obtaining such SOC.
ond trial, shall abide by aud perform the
order aud judgment Of the court, and
pay all moneys, costs aud damages which
may be required Of, or awarded against
him. consequent upon such second trial
Sec. 3. That there shall be made out
an kept IN the court Of common ploas, a
second trial docket, upon which shall bo
entered In their order all causes in which
the right TO second trials shall have been
perfected rs herein provided, which dock
et shtl b. called and tho causes thereon
tried aad disposed Of unier such stand.
ing rules as the several Judges Of the
court Of common pleas Of the district, or
b majority Of them shall establish.
Sac. 4. In all cases pending in tho court
Of common pleas, or either Of the superior
courts Of this state, either party shall have
the right to except to the opinion Of the
court, on 4 motion TO direct a non suit, to
arrest the testimony from the jury, and
also, in-all cases Of motion for new trial,
by reason ofany supposed misdireotion Of
the court to the jury, or by reason that
the verdict or in case the Jury bo waived
that the finding Of tho court, may be sup.
posed 70 be against law or eyi lenoe, 50
that said case may be removed by petition
IN error, and when party to a suit in e.
Their Of tho aforesaid courts alleges m ok
caption TO the opinion or order, or iudg.
mont Of such court il shall be tho duty of
the Judge or judges Of such court, concur.
ring in such jud sment, opinion or order Il
required by such party during the pro E.
ress of the case, 20 sign and seal a bill con.
timing such exception or exceptions, be-
fore the case proceeds; or, il the party con.
seuts, the signing and sealing Of such bill
OF exceptions may be suspended until the
trial is closed, but said Dill Of exceptions
ahsll be signed aud sealed daring the term,
aad such bill Of exceptions Ehea signed
and scaled, shall, il the party desires it,
be made part Of the record in such suit
$50. 8. That section one Of an act en-.
titls1 ''an act reguhtin appeals 10 the
district court" passed March %, 1859,
DO so amended as 10 read as follows: 500.
]. That appeals may be taken from all f
nal Judgments, orders or decroes in civil
actions, in which the parties have not the
rigt, by virtue Of tho laws Of this state,
- demand trial by jury, aud intorloou-
tory orders dissolying injunotions render.
oi by any court Of common pleas of this
state, in which Il has original Jurisdiction,
BY any party against whom said Judgment
ur order shall be rendered or who may
be effected thereby, to the district court
aad the action so appealed shall again be
tried, heard aud decided in tho district
court in the same manner as though the
said district court had original iunsdio.
tion OF the action.
Sec 6 The said original sections ono
and twelve Of the said act regulating ap
pealS TO the district court, be and tie
stmo are hereby cpealed:-Pr Provided.
however. that such repeal shall not osiect
any action now pending In the district
court, or any action in which party may
have given notice Of intention to appeal
from any judgment or order Of any court
Of common pleas, in which il has become
too late 70 apply for a second trial under
rho provisions Of this act.
Sec. z That il shall be the duty Of the
judges Of the supreme oour,. or a major
ily Of them, in the month Of December of
every year. TO fix and prescribe the times
for holding the terms Of tho district
courts for the next succeeding year, and
SO arrange the terms and apportion the IA.
bor Of the Judges, that a Judge Of the
supreme court can always be present in
every district court which may Be held
in the state; aud Judge of the court Of
common pleas who has decided cause in
the common pleas, shall not sit on the re.
view Of his own decision, in the district
court on error, or otherwise, when there
is quorum in the dislro, court without
hini.
Ssc. g. That immediately after the
times for the terms Of the district courts
aHalI E.srs 49,, - 80