Winters v. Ruff

Citations

• 81 Ohio St. (N.S.) 257

Syllabus

<p>Default judgment in favor of plaintiff — Before justice of peace— Action appealed to common pleas court — Cannot be appealed to circuit court, when — Section 5226, Revised Statutes — Rule of appeals — Jurisdiction of common pleas court.</p> <p>A judgment having been rendered by -default in favor of the plaintiff in an action before a justice of the peace to recover on account of the breach of written contract, and the action having been appealed to the court of common pleas and there determined, the cause cannot be appealed to the circuit court .for a trial de novo- under Section 5226, Revised Statutes, which authorizes such appeal only in an action within the original jurisdiction of the court of common pleas, although the only defense made in the court of common pleas was that of a mutual mistake in the instrument upon which the plaintiff counted.</p>