McCormick v. Sells Co.

Citations

• 76 Ohio St. (N.S.) 83

Syllabus

<p>Sections 6583 <ffld 6584, Revised Statutes — Justices’ Civil Code— Regulates appeals from justices’ courts — Section 6408, Revised Statutes — Applies when party is in fiduciary capacity and gives no bond — Such party must given written notice of intention to appeal — Oral notices entered on docket, etc., is insutficient.</p> <p>Sections 6583 and 6584;, Revised Statutes,' et seq., Justices’ Civil Code, regulate appeals generally in civil cases from the courts of justices of the peace to the court of common pleas, but Section 6408, Revised Statutes, applies when a person who is a party in a fiduciary capacity appeals without giving an appeal bond, and in such cases the party appealing must give a separate written notice to the court of his intention to appeal within the time limited for giving bond. Oral notice to the justice and an entry of notice of appeal by him on his docket Or in the transcript is not sufficient.</p>