Procedure in Civil Trials and on Appeal and Error (under the Ohio Code)

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W.H. Anderson Company, 1915 - Appellate procedure - 1200 pages
 

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Contents

When one estopped from interposing plea
10
ExceptionsC0 ntinuing and subsisting trust
11
ExceptionsVendee of real property
12
ExoeptionsOpera tion against governmental agencies
13
Actions for recovery of real property
14
Same continuedAdverse possession
15
Specialties and written co ntractsFifteen years
17
Sa meJudgments
18
Contracts not in vritingSix years
19
Statutory IiabilitySix years
21
For relief on ground of fraud
22
equitable remedies
23
Action for recovery of or taking personal propertyFour years
25
Four years
26
Z6 Trespass upon real propertyFour years 26a Action for death by wrongful act
27
The oneyear clauseLibe1Slander
28
Amercement
29
Bridge coinpa niesAction for injury from
30
Actions for penalties in habeas corpus proceedings
31
Proceedings to revive judgment
32
Damages for change of railroad routeSix months
33
Limitations governing proceedings in Quo Warranto
34
Recovery of illegal taxes or assessments
35
Statute applicable to setofl
36
When statute begins to run conti nuedG0ntract for continuing services
37
When statute begins to runCovenants
38
When statute begins to runMiscellaneous cases
39
Absence from State
40
Demand necessary to start statute runningIn what cases
42
Computation of time
43
Suspension of operationPayment or acknowledgment
44
51 If plaintiff fail not on meritsOr if reversed
46
Saving by part payment
48
Payment by whom and to whom
49
Evidence of part payment
50
Saving by acknowledgment
51
Disabilities
53
Disability must exist at time the right of action accrues
54
DisabilitiesPersons laboring under may sue
55
By whom taken advantage of
56
Pleading statute after rule day
57
Questions to be submitted to jury
58
CHAPTER II
60
67 Ji5dll7lY1 110w derived and conferred
61
Classifications or divisionsDefined
62
Presumptions in favor of courts of general jurisdiction
63
Modes of attacking judgment
66
Collateral attack
67
Direct attack for want of jurisdiction
68
When record silent as to service
69
Record of court of inferior jurisdiction
70
Direct attack may be made by defendant under the code in cross petition
72
Power of court of equity to set aside judgment for fraud
73
General essentials of jurisdiction
74
Pleadings must show jurisdiction
75
Proper indorsernent on summon necessary
76
Jurisdiction of person in county other than his residence
77
Consent and waiver
79
Jurisdiction over property within territorial jurisdiction of court
82
Same continuedPers0nal property
83
Same continuedDebt or obligation
84
When character of action rather than amount determines juris diction
85
Courts of concurrent jurisdictionOonfiiet between B6 98 P1gferengg of State court over United States court
89
Jurisdiction essential to create lie pendens
90
CHAPTER III
91
JurisdictionHow obtained
92
Commencement of action
93
sr crzoiv 94F 104 Style or form of summons
94
The date of the summons
95
Indorsement oi summons
96
Wrong name in summonsEflect
98
Same continuedWhere may a defendant be summoned
100
Summons returnable when
101
Who may serve summons
102
Duty of sherifl as to execution of process
103
SameHow made when sherifl n party
104
Summons on crosspetition 105
105
Manner of service
106
Personal service
108
Service on husband and wife
109
Service on corporation
110
Service upon foreign corporations
112
Service on dissolved corporations
113
Service on infants
114
Service on garnishee
115
131 Service on partnership sued by firm name
116
The return1ts nature and requisites
117
Conclusiveness of return
118
Amendment of process
119
How far return is conclusive
120
Liability of the ofiicer serving the writ 12l 137 Privilege from arrest and service of process e tenle11 to whom
124
Order of arrest
125
Issuance and requisites of order to arrest
127
Manner of execution and return of order to arrest
128
Introductory
129
Right of defendant served only by publication to open judgment
130
Right to open denied in certain cases
132
The aflidavit
135
Requisitcs of aifuluvit
136
The published notieeHov made and requisites of
137
SEGHON PAGE 149 When service complete and hov proved
139
Not necessary that journal entry be made upon filing affidavit
140
Rule when not all of defendants are served
141
Collateral attack of judgment based upon constructive service
143
What is equivalent to serviceAppearauceDefective service how cured
144
Lie pendens how effected l50 156 Rule of lie pendemr and its application
150
Further consideration of what constitutes lis pendens
155
CHAPTER IV
158
The commonlaw fiction as to
159
Terms of common pleas courtsStatutory provisions
160
Special terms
161
Holding court at unauthorized time
162
What judge may do at chambers or in vacation
163
Terms judicially noticed l66 170 Lien of judgment
166
Lapse of term
167
CHAPTER V
168
Same continuelStatntes
169
Essential requirements
170
Force and eflect of
171
Construction of
172
Courts take notice of
173
CHAPTER VI
174
Filing indorsing and preserving papers
175
The common law record
176
What books must be kept
177
The trial docket
178
Making complete recordIts purpose and requisites
179
Record deemed recorded when
181
What not appropriately part of record
182
Papers and files admissible as evidence when record not made
183
When court may cause records to be completed
184
Supplying omissions in record
185
How orders are taken and made by the court
186
Signing journal entries
187
Signing record
188
Indices
189
CHAPTER VII
190
Effect of tender
191
In what cases tender may be made
192
Tender of articles or labor
193
Form of answer of tender of articles under Sec 11391
194
Tender not necessary when
195
What is good tenderG01d or silver 3 19s 217 Same continuedManner and mode of tender
196
Same eontinuedMedium of tender
198
To whom tender may be made
199
Tender during suit
200
BEUIION 71011
202
Form of notice of ofler to confess judgment before action
203
Ofler to confess out of court
204
Ofler to confess in open court
205
0fler to confess does not afiect trial
206
Form of notice of offer to confess judgment
207
CHAPTER VIII
208
Causes triable in their order upon docket
209
Out of order cases 237 Hearing of motions and demurrers 2l0 238 Right to continuance
210
Grounds for continuance _
211
Surprise
213
Continuance because of amendment
214
Continuance because of newspaper criticism
215
Refusal to grant continuanceHow taken advantage of
216
CHAPTER IX
217
Duty of disqualified judge
218
251a Disqualification of judge of court of appeals
219
Relation to party or counsel
221
Bias or prejudice to party or cause 222
222
Other reasons for disqualification
224
Procedure whfii disqualifying aflidavit filed 225
225
CHAPTER X
228
Issue definedKinds of
229
Issues of fact arise how
230
Issues not raised by the pleadings can not be submitted for trial 23l 262 Trial defined
231
Of the right and origin of trial by jury
232
What is a constitutional jury
233
Legislature may extend and enlarge but can not impair the right
234
Constitutional guaranty does not extend to jury in inferior courts and to certain other cases
235
Compensation for private property taken for public use must be assessed by a jury
236
Nature of relief as determining right to jury trial
237
Has the right of trial by jury been extended by the code ?Ac tions for money only
239
Trial of action to recover specific real or personal property
244
Trial of equity cases where the cause calls for equitable and legal reliefThe equitable relief being primary and paramount
246
Trial where legal and equitable relief is asked the legal relief being primary and paramount 3247
247
Boyd 50 O S 46 over ruled in Willson Improvement Co 0 Malone 78 O S 232Accounting and money relief asked
248
Trial where legal and equitable causes are joined
252
Trial of foreclosure suits 254
254
Trial when it is diflicult to determine whether cause leval or equitable
255
Trial of action to enforce liens
256
Trial of contest of will
257
When parties treat action as not triable by juryEfleet
258
Trial where defendant sets up counterclaim equitable
259
Trial of cause af or setofi legal or 259 ter judgment vacated or suspended
263
289a Distinction between right and remedy 2661
262
280e Threefourths jury statute new legislation not an amendment 266h
266
Vested right of trial by common law jury in one having accrued
266
CHAPTER XI
267
Of what the findings shall consist
274
Form of submission
280
What eases may be referred
282
Purpose and object of this mode of procedure
283
Distinction between reference to master commissioner and referee
285
Consent of parties must be had in what eases
286
Entry ordering reference by consent
287
Compulsory order of reference
288
RefereeHow chosen
289
Oath of referees
290
Notice of hearing before referee
291
Proceeding when report is filed in eourt
292
Report of referee and judgment thereon when only facts are referred
293
Judgment upon report when no motion for new trial is made
294
Motion for B new trial
296
CHAPTER XIII
298
Nature of ofliee of master commissioner
299
Hearing before master
300
Reporting evidence
301
Procedure when report is filed in court
302
Error from judgment upon report 301
304
CHAPTER XIV
306
SECTION pAqE 353 By consent of party appearingAdversary failing to appear
307
By written consent filed
308
When both parties join in motion for nonsuit
309
Record in an agreed case
310
Jury wheel to be provided for drawing jurors
311
362a Appointment to fill vacancy
312
Commissioners shall meet at other time and place as directed by court 366 Special venire 367 Names of jurors written out and placed in wheel how
313
When a jury commissioner is unable to be present
314
Jurors for special term 372 Jurors for court of appeals 373 Venire for jurors 3l5 374 Mode of serving 3l5 375 Name of juror drawn but excused retu...
315
When talesmen may be selected 3l6 377 Selection of talesmen on motion of a party
316
CHAPTER XVI
318
Duty of counsel in impaneling jury
319
Who are exempt from jury
321
Inquiry should be made by counsel as to competency of jurors Waiver of objections
322
Waiver of cha1lenges
323
Causes of principal challenge
325
Same continuedConviction of crime
326
Same continuedAction pending between parties
327
Same continuedSubpoenaed as a witness
328
Same continuedAction pending between parties
329
Prejudice against a particular class of cases
330
Mere social relations
331
Peremptory challenges
332
Extent and scope of the examination
334
Limitations upon questions that may be asked to develop metal attitude of juror
335
Other questions that may not be asked on voir dire
336
Order of challenge
337
Erroneous overruling of a challenge
338
CHAPTER XVII
340
The rule in this country
341
Causes for which juror may be withdrawn
342
Eflect of withdrawal of juror
343
CHAPTER XVIII
344
Subpoena for witnesses _
345
E11N
346
Same continuedPower of notary
352
abuses
358
SECTION GE 457 When depositions to be filed
372
Exceptions must be decided before trial
373
CHAPTER XX
374
Party may he compelled to produce books and writings1he statute its scope and purpose
375
Sa meThe motion and its essentials
376
Motion may be made whenNoticc to be given
377
Procedure in case of failure to produce books
378
Form of demand for inspection and copy
379
Notice of motion for order to produce books or papers for inspection
380
Form of motion for order to compel inspection and copy when demand has not been complied with
381
Form of motion for appointment of master
382
CHAPTER XXI
384
Law governing competency
385
Husband and wife may testify for or against each other when
386
Meaning of the excluded communications
387
Whether statute applies to be decided upon voir doir
388
Communications between physician and patient
391
Assignee of claim can not testify when
392
When party shall not testify
393
Party must be adverseReal and necessary not formal and unnecessary
394
438 Who are not adversely interestedStatute not applicable when
395
Same continuedWhen administrator adverse party
396
When statute does not apply and party may testify
397
Same exceptionWhen party in interest testifies
398
Same exceptionActions against partner or joint contract0r 39B 497 Same exceptionWhen claim or defense founded oii book account
399
Same exceptionEvidence of witness who has died after testifying
400
H99 Same eXcepti0nDep05ition of witness after death
401
Principles of exceptions applied to cases within the spirit
403
Same c0 ntinuedExtent of its application
404
Crossexamination of party
405
How copies of certain public documents made competent vidence
406
CHAPTER XXII
407
When the evidence is evenly balanced
415
Cases requiring clear and convincing proof 4l5 515 Burden of proof not on defendant filing general denial or party holding negative
416
Burden of proving a negativeForm of allegation
417
Burden of proving negative
419
Burden where plaintifl alleges fact not necessary to his cause which is denied by defendant
420
Burden of proving contract and performance of conditions
421
Action for debt where check given in payment
422
Burden in actions on insurance policies
423
Burden in actions against common carriers
424
Bills and notes continued
426
Burden in the extraordinary remedies
427
NegligeneeBurden of proof in cases of
428
Res ipsa loquitur
429
Contributory negligenceBurden of proof
431
_ ContributoryComparntive negligencz In actions of railroad employe against the company
434
Burden of proof in contest of will
435
Reviewing actionoi court on question of burden of proof
436
CHAPTER XXIII
437
Defendants opening statement
438
Statement of the pleadings
439
Statement of law
440
CHAPTER XXIV
442
When defendant files answer and crosspetition
443
Party holding afiirmative to introduce all his evidence not reserve part
444
EF1ION non 551 RebuttalEvidence
445
Admission of evidence out of order
446
Surrebuttal
447
Admission of further evidence after case rested
448
Neither party has right to develop claim or defense on cross examination of witness of adversary
449
CHAPTER XXV
451
Change in rules of evidence
452
Who are exempt from the rule
454
Limiting number of witnessesSubject of legislation
455
CHAPTER XXVI
458
Permitting more than one counsel to examin witness
460
Examination by the courtOf the right and duty of judge to ask questions
461
Limitation upon right of court to ask questions
464
Court of its own motion may call or recall witness
465
Certain general requisites as to form of questions
466
Hostile or unwilling witnessExamination of
467
Same continuedParty not concluded by unfavorable testimony of his own witness
470
Leading questions defined
471
Leading questions allowed within discretion of court
472
Some of the evils in leading questions on direct examination
473
Leading questions allowed when
474
Coaching witnesses
475
Anticipating adversarys evidence
476
Leading questions on crossexamination
482
Opinion of nonexperts regarding speed
488
CHAPTER XXVII
496
CHAPTER XXVIII
502
How many witnesses required to impeach
505
Evidence as to commission of crimes
506
What weight shall be given to witness impeached
507
CHAPTER XXIX
508
Grounds oi objection to be stated
509
Repetition of objection 620 Motiontostrikeont 621 Objection too late on motion to instruct or for new trial
512
Court may exclude evidence of its own motion
513
Testimony admitted upon condition
514
ContractsQuestions pertaining thereto
526
C0ntractsAmbiguityC0nstructi0n
527
Foreign lawProof tl1ereofFunction of court and jury
528
Frau1False representationsQuestions for court and jury
530
Identity
532
Libel and slanderPerson intended by defamatory matter 533 i
534
Libel and slanderRule concerning privilege of attorneys parties and witnesses
536
sscrron PAGE 646 Libel Bnd sla nder Function of court and jury in privileged cases
538
cases in judicial proceedings
539
Same continuedThe occasion of privilege
541
Payment L
542
Reasonableness or unreasonableness
543
Total loss under insurance policy
544
CHAPTER XXXI
545
Retirement for consideration when case submitted
546
Separation after verdict agreed upon in civil casesSealed verdict 4
547
Jury placed in charge of sworn oflicer
548
Cautioning jury when permitted to separate
549
Communications by jury or jurors with third persons
551
Communications with jury by judge
552
Communications between jurors and parties
554
Effect of jurors using intoxicating liquor
556
Reading newspapers
557
Tampering with or corrupting jurors
558
Refreshments for jury
560
Jurors making notes
561
Court may give jury its recollection of testimony when
563
Way the judge urge or coerce agreement by the jury?
564
How long jury may be kept out for deliberation
566
Misconduct of juryHow taken advantage of
567
CHAPTER XXXII
568
Discharge of jury when it probably can not agree
569
When case retried if jury discharged
570
Common lawDemurrer to evidence
572
Nonsuit at common law
573
Nonsuit the remedy early adopted in Ohio
575
Scintilla rule originally the basis for the nonsuit at common law
578
Scintilla rule later departed from in England
579
Scintilla rule the settled practice in Ohio r0580 692 Rule followed is many states that nonsuit will be entered when verdict if found would have to be ...
582
Principles upon which scintilla rule repudiated
583
Rules governing court in setting aside verdict inapplicable to action in directing nonsuit
584
Defendants evidence 445
585
Reasoning of decisions in opposition to scintilla rule
586
Carrying reasoning step farther into degrees of certainty
589
Nonsuit in cases tried to court jury being waived
590
Nonsuit in equity cases not proper practice
591
Nonsuit in equity casesSome decisions
593
Nonsuit on opening statement of counsel
595
Rules of submission of motion for nonsuit or verdict
596
Defendant waives no right by offering evidence after motion overruled
597
Motion to be renewed if case reopened for evidence
598
Refusal of juror to join in verdict directed by court 593
599
Party entitled to nonsuit must demand it 600
600
May direct verdict for defendant when
601
CHAPTER XXXIV
602
L
603
Right of argument in chancery cases
604
Objection and exception to refusal of right to argue
605
Limiting time for argument
606
Limitation as to subjectmatter
607
Opening argumentScope
608
Waiver of opening or replyEfiect on adversary
609
General power of discretionary control of trial vested in court
610
Court may restrict but can not censor argument
613
Regulation or restriction of language 6l4 731 Reference to wealth of parties
614
Comments on failure to call witness 6l5 733 Reference to failure to produce books in possession of a party
615
Failure to put deposition in evidence
616
Making absurd deductions from evilenceEffect
617
Comment upon pleadings files and record
618
Counsel giving personal opinion belief or conviction 6l9 740 Reading from law books to jury
619
Reading from books of science
620
Stating law to the jury
621
Appeals to prejudices of jury
622
Absence of judge during argument
623
Statements of counsel in argument not evidence
625
The closing argumentEfiect of waiver of argument by defenda nt
626
BECTXON pnqg 748 General charge to be given after argument
627
Requests for instruction to be given before argument
628
Rules governing requests
629
Comments of judge on requests 752 Requests should be complete
630
Requested instructions should be neither excessive in number nor length
631
Written charge to be sent to jury room
632
Presence of parties and counsel when further instructions given after submission
633
Failure to charge on propositions involved
634
Exceptions to chargeFuilure or omission to charge
635
Exception to be noted before jury retires
636
Instruction to be based on the evidence
637
Abstract propositions of law
638
Instruction should be clear and explicit
639
Technical language in
640
Summing up or commenting on the evidenceAmericn n rule
641
Instructions as to evidence
644
Same continuedThe credibility of witnesses
645
Instruction as to the weight and effect of evidence
647
Making special reference to particular evidence
648
Curing errors occurring during trial by instructions
649
Construction of instructions
650
Prejudicial error 780 Nonprejudicial error in instructions
652
CHAPTER XXXVI
653
Sending plendingg to jury room
654
sncnon PAGE 858 Verdict report or decision contrary to law
717
Errors of law occurring at trial
719
But one new trial or reversal when
720
Motion to be filed when
721
864a Ss meHea ring and decision of case
722
CHAPTER XL
723
When to be taken
724
Exception when necessary
725
How exception statedForm
726
Exception to decision when not entered on the record
727
Case submitted on agreed statement of facts
728
Agreed caseBill of exceptions not necessary
729
Bill of exceptions to contain all the evidence
730
When judge dead or out of oflice
731
Objections or amendment to be filed when
732
Extending time for signing bill
733
CHAPTER XLI
734
Final and interlocutoryDistinction
735
CHAPTER XLIII
761
When plaintifl to secure costs
762
Dismissal for want of security
763
When defendant to pay costsActions for money and property
764
Costs when damages less than five dollars
765
When counterclaim or setofi set up by defendant
766
When court is without jurisdiction
768
Attorneys feesAs part of the costs
769
Next friend liable for costs
770
Compensation of guardian ad litem taxable as costs
771
ln proving genuineness of signature
772
Quo warranto
773
Costs on appeal
774
CHAPTER XLIV
776
When grounds could not with reasonable diligence have been dis I
777
Same c0ntinuedCourt may hear evidence 778
778
8E1ION PAGE 962 For fraud
779
Erroneous proceedings against infant or lunatic
780
For unavoidable casualty etc _
781
Judgments upon warrants of attorney
782
Bona fide purchaser unaflected
783
When procedure must be by petitionValid defense must first be found
784
Limitation in proceeding to vacate
786
Supreme court may grnnt relief after term
787
CHAPTER XLV
789
Power over record not affected by lapse of time
791
Judgment nunc pro tune entered after death of party
792
Such entry must not affect rights of third party 792 i
793
Evidence necessary to support entry nunc pro tune 794 l
794
Practice in applying for the order
795
CHAPTER XLVI
796
Execution definedKinds of
797
Lien attaches to what propertyAnd when
798
Lien gttggheg to what property continued
799
Does not attach towhat The first dny Or commencement of the term of court
800
Lien of judgment of justice or mu yor
801
When judgment becomes dormant and ceases to be a lien
802
The executionIssuancc and levy to preserve and protect lien of judgment
803
Execution when may issue
804
The command and indorsement
805
Terms of sale may be directed in the judgment
806
No preference to executions when liens equal
807
Preference between executions
808
Appraisement of lands _810
810
At what price land to be sold
811
Publication in German newspaper 8l2 1009 Purchaser in contempt for failing to pay purchase money
812
Where sales take place
813
1011a New appraisemcntVhen Necessary
814
Redemption by judgment debtor
815
DeedIts effect
816
1017 Separate levies on separate tracts 8l7 1018 Reversal of judgment after sale
817
Purchaser subrogutod to right of creditor when title imperfect
818
Lien of judgment lost if execution not issued or levied within a year
819
Return of execution
820
Entry of judgment against principal and suretyExecution on such judgment
821
Execution issued to another county may be returned by mail
822
CHAPTER XLVII
825
Municipal courts established
826
In interpleader
831
Verdict by threefourths of jury
838
sscrron PAGE 1055 Transcript of judgment filed with common pleas clerk 84l 1056 Stay of execution
841
Error from justice of the peace
842
CHAPTER L
843
One common pleas court in each county
844
Courts or sessions to be held
845
Terms of court
847
Adjournment of trial to next term when approaching close of term
848
Special terms
849
Chief justice of supreme court may assign judges
850
CHAPTER LI
852
1077a Registration not compulsory but optionn1
854
Application to register title made by petition as in civil action
855
1034 PBTBOIIB joining in application must have common interest
856
CHAPTER DIIc
876
11191 Appeal in township ditch proceedingsProceedings therein S76h
876
Liability of surety when appeal dismissed or judgment entered
886
SECTION PAGE 1157 Orders made in proceedings to appoint guardian of idiots lunatics imbeciles
897
How appeal in will case perfected
898
From exceptions to inventory
899
Appeal from allowance or disallowance of executors or admin istrators claim
900
Bond when appellant stands in fiduciary capacity
901
Notice of intention to appeal when bond not required
902
Suspension of judgment or order in probate courtCivi1 code to govern in like proceedings
903
Certifying decision of appellate court to probate court
904
Appeal from arbitration in wreckmasters cases
905
Arrumra JURISDICTION or COMMON Pnnas Comvr mom Coonrr COMMISSIONERS 1177 Appeal from decision of appraisers in one mile assess...
906
Proceedings in common pleas on appeal
907
1182 1mAppea1 is exclusive remedyExcept when o09 1183 Appeal from allowance to counsel to defend indigent prisoners
910
Appeal from transfer of funds by counity commissioners
911
Court of appealsIDivision of appellate districts
913
Cases of original jurisdiction
919
1210b
928
secrron PAGE I222 Jurisdiction on appeal in general
941
Statutory conception of appeal
942
Civil action of which common pleas court had original juris diction
943
By a party or other person directly aflected
944
Judgment or final orderWhat are not
945
Appeal when demurrer sustained to one cause or one defense and action tried on remaining issues
946
Appeal may be taken only if the right to demand a jury therein did not exist
947
Same continuedCases where single cause calls for only one kind of relief or special proceeding
948
Special proceedings and remedies from which appeal does not lie
950
Appeal when legal and equitable cause rightly joined
951
When defendant merely sets forth a defense
952
When counterclaim set up in crosspetition
953
When setofl pleaded by defendantJudgments
955
Procedure when decision of appellate court is against counter claim and in favor of plaintifl
956
Appeal by wife in injunction against husband disposing of his property
957
No appeal in divorcThe statute
958
Appeal in case of alimony
959
Contribution when appealnble and when not
960
Bond requiredFilingAnd approval 961 _ 1245 Amount or penalty of bond
962
No bond required of party in trust capacity
963
Party in trust capa cityNot required to give notice of inten tion to appeal
964
When party in trust capacity dies before perfecting appeal
965
Bond when interest of party is separate
966
New bond required when surety removes or bond jn5ufl1cient_ _ _967 1253 Execution stayed before bond filed
967
Judgment suspended when appeal perfected
968
SECTIO N PAGE 1257 Lien of judgment appealed from
969
Motion to dismiss
970
Trial in appellate court how conducted
971
Amendment on appealGeneral power of
972
Amendment changing cause of action
973
Finding of facts
974
How judgment of appellate court enforced
975
No appeal in contest of will
976
CHAPTER LVII
977
Number of judges
978
Decision holding law unconstitutional
979
Its original jurisdiction
980
1285a Jurisdiction of supreme court in error 980a 1285b SameIs constitution selfexecuting? Is legislation essential to its operation 980a
980
SameSupreme Court to review only judgments of courts of appeal 980c
980
1285d SameReview by Supreme Court in civil casesThe statute 980d
980
In cases of felony
981
Revisory jurisdiction over orders by industrial commission
982
Same continuedThe procedure is now designated as error
984
No other court may restrain commission
985
sscnon PAGE 1294 Limitation for commencement of proceeding
986
Disposition of moneys charged in excess on final decision of court
987
Error in cases which originated in court of appeal
988
SameQuestions how raised and presented
990
May issue writ of supersedeas
991
When injunction granted by supreme court
992
Record to be printed
993
Briefs to be printed
994
When party in trust capacity printing of record dispensed with
995
Order of docketing and hearing cases
996
Motion to take case out of order
997
Oral arguments
998
Court may assess penalty when
999
Preparation of the syllabi H1000
1000
Rehearing
1001
CHAPTER LIX
1002
Judgment or final order by probate court
1003
SameError in appropriation proceedings
1004
SameCsse retained in common pleas if reversed _
1006
Review of cases from justices of the peace
1007
Same continuedError from county commissioners
1008
Review of cases from township trusteesDitches
1010
Error from justice in attachment
1011
Error in forcible entry and detainer l012
1012
Limitation for proceeding in error to this court
1013
Judgment of afiirmance
1014
When judgment reversedCase retained for trial l0l5 1344 Error to c0mm0n pleas from municipal court except in Cincinnati
1016
CHAPTER LX
1018
Judgments or final orders reviewable only 10l9 1348 Judgment and order defined
1019
Judgment in appropriation proceedings
1021
What are final ordersOrders of dismissal l023 1353 What are final ordersConfirmation of sale l024 1354 Annulment order made at chambers vacatin...
1024
What are not final orders
1025
Granting or overruling motion for new trial
1026
Orders made in respect to pleadings afiect substantial right when
1027
Order overruling demurrer
1028
Order sustaining demurrer
1030
Judgment by consent without jurisdiction or suflicient pleadings
1031
Order afiecting substantial right in special proceeding
1032
szcrron PAGE 1364 SameAttachment proceedings
1033
SameApproprinti0r proceedings
1034
SameOrder denying right to administer estate
1035
CHAPTER LXI
1037
Nature of proceeding in error
1038
Proceeding by petition in error
1039
Answer to petition in error not ordinarily necessary
1040
Motion for leave
1041
Parties in error l042
1042
Parties in error when judgment is joint
1043
Death of party before error prosecutedPersona1 repre sentative
1044
Objections to joinder of parties
1045
Judgment may be rendered on granting leave to file 045
1046
Issuance of summons or publication
1047
Return day of summonsRule days
1048
Authentication of transcript
1049
LimitationTime within which error to be prosecuted
1050
Same limitation applies to crosspetition in error
1052
Same continuedThe statute begins to run when
1053
Bringing in omitted parties after expiration of limitation
1054
Parties can not confer jurisdiction
1055
Failure to file transcript and papers in time
1056
Reviewing court may correct bill of exceptions
1057
Staying execution of judgment
1058
Approval of bond
1060
Judgment to be rendered on reversal
1061
When remanded for execution
1062
Mandate from supreme court
1063
CHAPTER LXII
1065
Presumptions in favor of the correctness of judgment and proceedings unless error aflirmatively appears in the record
1067
Necessity for objections and exceptions as the basis of pro ceedings in error
1068
Errors and defects in process 10i0
1070
No prejudice from admission of incompetent testimony when
1073
Exclusion of evidenc When not prejudicial
1075
Admission of evidence generally sn feIts exclusion liable to be an evil l076 1426 Nonprejudicial action on burden of proof
1076
Wrongful submission of question to jury 1077
1077
Error for want of sufficient evidence not prejudicial when l077 1432 Supreme court will not review for insufficiency of evidence
1080
sncrxow PAGE 1435 Not prejudicial to send pleadings to jury 108l 1436 When not prejudicial to send written matter and books to jury room l08l 14...
1081
Curing an error by instruction to jury
1082
Waiver of error
1083
CHAPTER LXIII
1085
Exclusion of evidenceWill cause prejudice when
1086
Errors in respect to pleadings l087 1444 Prejudicial admission of testimony l087
1087
Prejudicial ruling on burden of proof
1088
Refusal of reasonable time to answer new evidence admitted on reopening of case l089 1447 Rehnbilitating witness
1089
Error in instructions to jury l090 1450 Prejudicial misconduct of counsel l090
1090
Sending written instructions to jury _ _ _ _ _ _ _ _
1091
Error in rendition of judgment l02
1092
Error irom judgment of reversal
1093
Term of judges _ _ _ _ _ _ _ _ _ __913
1188
Revicwal of agreed case
1192
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