Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 12

Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...L., 51, and since in force, provides that: "It shall be lawful lor the justice before whom a cause has been tried, on motion, and being satisfied that the verdict was obtained by fraud, partiality or undue means, at any time within four days after the entering of judgment togrant a new trial." This trial was had and judgment entered March 16; the motion for new trial was heard March 21, five days alter, and the bill of exceptionswas allowed, signed and filed March 29, thirteen days after judgment. In Derby, _Ir., v. Heath, 59 Ohio St., 54 51 N. E. Rep., 547, decided under another statute, which fixed the time for granting a new trial at five days, instead of four days as now provided. it was held, "the authority of a iuslice of the peace to grant a new trial is limited by the termsof Sec. (3560 by which it is conferred, and an order made by him for that purpose alter the time therein limited is void." In Dunlap v Robinson, 12 Ohio St., 530, the court say, p. 534: "A justice of the peace cannot, by neglecting or refusing to enter judgment within the time required by statute, keep an action indefinitely pending before himself. When his power to determine the controversy, by avalid judgment, ceases, his jurisdiction ends. His power of adjudica tion is derived from the statute and if not exercised within the time allowed by law it is clearly lost and the cause is no longer pending before him. The legal effect of such a failure in duty is a discontinuance of the action. So jurisdiction may be lost by an adjournment of the suit, . without consent of parties, for a time longer than the statute permits." It follows that in adjourning the hearing of the motion for new trial to a time when the justice of the peace...show more

Product details

  • Paperback | 524 pages
  • 189 x 246 x 27mm | 925g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123676952X
  • 9781236769527