Barker v. Cory
Ohio Supreme Court
This is a Writ or Error to the Court of Common Pleas of Trumbull County. The writ was issued under the provisions of the act of March 12th, 1845, entitled “an act to regulate the judicial courts, and the practice thereof.”
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This is a Writ or Error to the Court of Common Pleas of Trumbull County. The writ was issued under the provisions of the act of March 12th, 1845, entitled “an act to regulate the judicial courts, and the practice thereof.” On the circuit a motion was made to quash the writ, for the reason that, previously to the issuing of the same, no bond had been filed with the clerk, by the plaintiff in error to the adverse party, conditioned to prosecute the writ, pay costs, &.C., as provided for in the 6th section of said act. To give a construction to this section, was the object in reserving this…
1Opinion of the CourtDead, J.
The object of the 6th section of the act of March 12th, 1845, entitled “an act to regulate the judicial courts, and the practice thereof,” was to prevent writs of error to issue without the allowance of a Judge, as a matter of course. The reason of this change in the old law was, that, by this act, appeals were cut off which authorized a second jury trial, and writs of error substituted; and therefore all restraint upon their being issued was taken away. It was not intended by this act to impose a new condition upon a party seeking a writ of error, but to remove a restraint. But it is…