The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-06-23
March 80, 1859.
AN ACT

President of the Senate.
March so, 1869.
mo. 1851 AN ACT
Supplementary to an Act entitled "an Act
TO establish Code of Civil proc edure,
passed March IL, 1858.
SECTION /. Be IL endcted By the General
Assembly of the Stats Of Ohio, That when
ever a party to o judgment seeks to enjoir
the collection thereof by injunction, anC
shall make an affidavit that the party sough
10 be enjoined is a nonresident of the State
or has left the same to avoid the service o
the summons or order of injunction, or sC
conceals himself that process cannot b.
served upon him, the Sheriff, or other officer
having In his hands the execution issued or
such judgment, may be made party defend
ant to the action; and the action may be
brought in the county in which such officer
resides; and in all such cases the party to
the judgment sought to be eDjoined and upon
whom actual service cannot be made, may
be served by publication of notice in the
manner prescribed by sections seVenty-one
supplementary. And such service shall be
pEOtcu Ill lH6 nudIG mduuoI 10 ID
by section seventy.three of said act.
Sec. 2. In all cases where services may
be made by publication, personal service OIL
q copy of the summons or order of injunc'
tion, and complaint may be made out of the
State.
Sec. 8. A party against whom perpet.
ual injunction may be decreed without other
service than by publication in newspaper,
may, at any time within five years after the
date of such decree, have the same opened
and be let in to defend in the same manner
and on the same terms as is prescribed in
section seventy.tive Of the act to which this
is supplemental.
Sec. 4. This act to take effect on its
passage.
s. w. gibson,
Speaker pro tenn. House Representatives.
MARTIN WELKER,
President of the Senate.
March 80, 1859.
mo. 1901 AN ACT
To amend section two of en- act entitled "an
Act to relieve the District Court and to
give greater efficiency TO the Judicial Sys-
tenn of the State" passed April IL, 1858,
and supplementary to said act.
Section l. Be ii enacted By the General
Assembly OF the Stale of Chic, That section
two OF said act be amended SO as to read as
follows: Sec. 2. Any person desirous Of
such second trial, ss provided for in the pre-.
cediDg section, shall, at the term of court at
which judgment was rendered, enter on the
records OF the court notice or his demand
for such second trial; and shall enter into an
undertaking within the time hereinafter lin
tied with security to the satisfaction of the
clerk Of the court, payable to the adverse
party, in such sum as may be fixed by the
court, and conditioned to the effect that the
party obtaining such second trial shall abide
and perform the order and judgment of the
court, and pay all moneys, costs and DANA
ges which may be required or awarded
against him, consequent upon such second
trial; provided, that in no case shall admin
istrators, executors or guardians, who may
have given bond in this State, with sureties
according to law, be compelled to enter into
an undertaking in order to be entitled to a
second trial as above provided.
Sec. 2. That said original section two
be and the same is hereby repealed.
Sec. 8. That whenever notice is entered
upon the records of the court of q partys
demand OF second trial under the provis.
ions of the act to which this act is omenda.
tory and supplementary, such second trial
shall not be allowed unless tho court is of
opinion that the case is one in which trial
by jury may be demanded by either party.
Sec. 4. The opinion OF the court allow.
ing or dsallowing second trial, shall be
entered upon the journal of the court, and,
II in favor of the allowance of a second tri.
al, then the undertaking required by the said
second section of said act as amended, shall
be entered into within thirty days after the
entry of said allowance.
Sec. g. If the opinion of the court shall
be adverse to the allowance of the second
trial, either party may appeal to the district
court from the judgment rendered in the
case, by giving notice thereof, and entering
into an appeal bond agreerbly to existing
statutes.
Sec. 6. If the order of the court adverse
to the allowance of the second trial, shall
be reversed upon error by the district court,
or if the action shall be appealed and the
appeal be dismissed on the ground that q
second trial should have been allowed, then
and in either case the action shall be re-
manded to the court of common pleas, and
the party or parties on whose petition the
said order was reversed, or the party or par.
ties who may have appealed such action, as
the case may be, may, at the term of the
court at which the mandate is received, enter
on the records of the court his demand for a
second trial, and thereupon such action shall
be proceeded in, in all respects, as if said
judgment, SO reversed, had been rendered at
said term.
Sec. 7. If the order of the court allow.
ing a second trial shall be reversed for error
therein by the district court, then said action
shall be retained for trial by the last named
court as upon appeal, and the last mentioned
court shall fix the amount and condition of
the undertaking, to be given TO obtain such
trial, for the party or parties who may re.
quest 1T and thereupon the party or parties
desiring such trial shall, within thirty days
from the time of the entry of the reversal OF
the order allowing such second trial, enter
into an undertaking in the amount and con.
dltlon prescribed by the district court, to the
acceptance of the clerk thereof, which shall
be filed in the office of the said clerk; and
thereupon such action shall be proceeded in,
in all respects, as if the same had been ORR
ginaily appealed on notice regularly entered
and undertaking given pursuant to the act
regulating appeals to the district court.
Sec. 8. In all cases where the party
against whom judgment is rendered obtains
q second trial under the act to which this act
is amendatory and supplementary, the lien
of the opposite party on the real estate of
the party so obtaining such second trial cre-
ated by said judgment, shall not be by the