Bode v. Welch
Ohio Supreme Court
Motion for leave to file a petition in error to reverse the judgment of the District Court of Butler county. On the 26th of March, 1875, the plaintiff in error recovered a judgment against Welch, before a justice of the peace, for the sum of $73.60. Erom this judgment Welch took an appeal, giving Ms appeal bond on tbe 5th of April, 1875. In the common pleas, the appeal was dismissed on motion of the appellee, upon the ground that the judgment was'for a sum less than one…
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Motion for leave to file a petition in error to reverse the judgment of the District Court of Butler county. On the 26th of March, 1875, the plaintiff in error recovered a judgment against Welch, before a justice of the peace, for the sum of $73.60. Erom this judgment Welch took an appeal, giving Ms appeal bond on tbe 5th of April, 1875. In the common pleas, the appeal was dismissed on motion of the appellee, upon the ground that the judgment was'for a sum less than one hundred dollars, and that by the provisions of the law in force at the time of giving the appeal bond, namely, the…
1Opinion of the CourtWelch, C. J.
The law in force at the date of the judgment gave the right of appeal, and required no notice of the intention to appeal, but required that the appellant should give Ms appeal bond within ten days. By the amendatory act of March 30, 1875 (72 Ohio L. 161), the section of the act giving this right of appeal (S. & C. 788, sec. Ill), was repealed, without any saving clause as to actions pending, or causes of action subsisting, and without any express provision making it applicable to such actions *21or causes. But it is provided by the first section of'the act of February 19, 1856 (S. & S. 1), that…
2Cited by25 opinions
- Van Fossen v. Babcock & Wilcox Co.Ohio Supreme Court · 1988
- Kelley v. State ex rel. GellnerOhio Supreme Court · 1916
- Luff v. StateOhio Supreme Court · 1927
- Security Benefit Assn. v. SmallArizona Supreme Court · 1928
- Nokes v. NokesOhio Supreme Court · 1976
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