Compliments of PETER J. HENRY, CLERK The Municipal Court of Cleveland THE MUNICIPAL COURT OF CLEVELAND Laws and Rules Revised to January 1, 1924 THE LIBRARY OF THE REIVERNITY AE IbbINAIS Compiled by Peter J. Henry, Clerk The Municipal Court of Cleveland Personnel JOHN PO DEMPSEY, Chief Justice. WILLIAM B. BEEBE, OSCAR C. BELL, ALVA ReCORLETIT: THOMAS E. GREENE, MARY B. GROSSMAN, BRADLEY HULL, DAVID MOYLAN, STANLEY L. ORR, JOSEPH F. SAWICKI, CHARLES L. SELZER, SAMUEL H. SILBERT, LEE E. SKEEL, FRANK L. STEVENS, MARTIN L. SWEENEY, VIRGIL J LERRELIo PETER HENRY Giles J. MARTIN THUMM, Bailiff. WHO FS” 2 The Municipal Court of Cleveland LAWS AND RULES Sec. 1579-1. § 1. That there shall be, and hereby is, established in and for the city of Cleveland, a municipal court, which shall be a court of record and shall be styled “the municipal court of Cleveland,’ hereinafter designated and referred to as the, municipal court. Sec. 1579-2. § 2. The municipal court shall consist of ten judges, one of whom shall be chief justice and all of whom shall at the time of their election be qualified electors and residents of the city of Cleveland and shall have been ad- mitted to the practice of law at least five years. Provided, however, that at the regular municipal election in 1923 six additional judges shall be elected to the municipal court and thereafter said municipal court shall consist of sixteen judges. Sec. 1579-3. §:3. Judges of the municipal court shall receive such compensation, payable out of the treasury of Cuyahoga county not less than two thousand five hundred dollars per annum, as the county commissioners may pre- scribe, and such further compensation, not less than two thousand dollars per annum payable in monthly installments out of the treasury of the city of Cleveland, as the council may prescribe. The chief justice who shall be separately nominated and elected as such, shall receive such compensation, payable out of the treasury of Cuyahoga county, not less than two thou- sand five hundred dollars per annum as the county commis- sioners may prescribe, and such further compensation, not less than two thousand five hundred dollars per annum, pay- able in monthly installments out of the treasury of the city of Cleveland as the council may prescribe. The vacation of the respective judges of the municipal court shall not exceed sixty days during each year, and shall be at such times as fixed by the chief justice, and at least four judges shall be in attendance at all times. - 08546 Municipal court of Cleveland, establishment of Number of judges and quali- fications. Compensation. Nomination and election of chief justice. Vacations of judges. THE MUNICIPAL COURT OF CLEVELAND Sec. 1579-4. § 4. The judges of the municipal court shall be subject to the same disabilities and may be removed from office for the same causes and in the same manner as a judge of the court of common pleas. Sec. 1579-5. $5. The judges of the municipal court, in- cluding the chief justice, shall be nominated by petition. Such petition shall be signed by at least twenty-five hundred electors of the city of Cleveland. It shall be in the general form and shall be signed, verified and filed in the manner and within the time required by law for nominating petitions of other nominees for public office in the city of Cleveland. And they shall be elected by the electors of the city of Cleve- land in the manner provided by law for the election of judges of the court of common pleas. The six additional judges provided for in this act shall be elected at the regular mu- nicipal election of 1923. Two of said additional judges shall be elected for a period of two years, two for four years and two for six years. At ‘the regular municipal election next preceding the expiration of the term of office of each judge a successor shall be elected for a term of six years. The term of office of each judge shall commence on the first day of January next after his election and he shall hold office until his successor is elected and qualified. Sec. 1579-6. § 6. The municipal court shall have original civil jurisdiction within the limits of the city of Cleveland in the following cases: 1. In all actions and proceedings of which justices of the peace have or may be given jurisdiction. 2. In all actions and proceedings at law for the recovery of money or personal property of which the courts of com- mon pleas of the county of Cuyahoga have or may be given jurisdiction, when the amount claimed by any party, or the appraised value of the personal property sought to be re- covered, does not exceed twenty-five hundred dollars, and in such actions judgment may be rendered for an amount over twenty-five hundred dollars when the excess over twenty-five hundred dollars shall consist of interest or dam- ages, or costs accrued after the commencement of the action. THE MUNICIPAL COURT OF CLEVELAND 5 ee ee 3. In all actions on contracts, express or implied in law or in fact, when the amount claimed by the plaintiff does not exceed twenty-five hundred dollars, and in such actions judg- ment may be rendered for over twenty-five hundred dollars when the excess over twenty-five hundred dollars shall con- sist of interest or damages or costs accrued after the com- mencement of the action. When a cause arising out of contract. is pending in the municipal court and the ends of justice demand that an account be taken or that the contract or contracts, be reformed or cancelled, the municipal court shall have jurisdiction to decree such accounting, reforma- tion, or cancellation. 4. In all actions and proceedings whether legal or equitable, to enforce the collection of its own judgments. 5. In all actions and proceedings for the sale of per- sonal property under a chattel mortgage, lien or other charge or encumbrance, irrespective of amount, and for the fore- closure and marshaling of all liens thereon, and the render- ing of personal judgment therein, irrespective of amount, in favor of any party. 6. In all actions and proceedings for the sale of real property under the lien of a judgment of the municipal court, or a lien thereon for machinery, material or fuel furnished or labor performed irrespective of amount, and in such cases the court may proceed to foreclose and marshal all liens , thereon, and all rights vested or contingent, therein, and to render personal judgment irrespective of amount in favor of any party. 7. In all actions and proceedings in the nature of cred- itors’ bills, and in aid of execution to subject the interest of a judgment debtor in real or personal property to the payment of a judgment of the municipal court. 8. In all actions and proceedings in the nature of inter- pleader. \ 9. In all actions for the foreclosure of a mortgage on real property given to secure the payment of money, the enforcement of a specific lien for money or other encum- THE. MUNICIPAL COURT OF CLEVELAND mortgage on real brance or charge on real property, when the amount claimed by the plaintiff does not exceed twenty-five hundred dollars and the real property is situated within the limits of the city of Cleveland, and in such cases the court may proceed to ‘foreclose all liens thereon and all rights vested and con- tingent therein and proceed to render such judgments, and make such findings and orders, between the parties, in the same manner and to the same extent as in like cases in the court of common pleas. 10. In all actions for the recovery of real property sit- uated within the city of Cleveland to the same extent as courts of common pleas may now or hereafter be given juris- diction. Sec. 1579-7. § 7. The municipal court shall have juris- diction within the limits of the county of Cuyahoga: 1. To compel attendance of witnesses in any pending | action or proceeding. 2. To issue execution on its own judgments. 3. In all actions and proceedings whether legal or equitable, to enforce the collection of its own judgments. 4. In all actions and proceedings in the nature of cred- itors’ bills, and in aid of execution to subject the interests of a judgment debtor in real or personal property to the pay- ment of a judgment of the municipal court and in such cases the court may proceed to marshal and foreclose liens thereon irrespective of amount, and all rights, vested or contingent, therein. 5. In all actions and proceedings where one or more de- fendants reside or are served with summons in the city of Cleveland. 6. ‘To issue and enforce orders of attachment in all cases in which the defendant is a resident of the city of Cleveland. THE MUNICIPAL COURT OF CLEVELAND See. 1579-8. § 8. In any action or proceeding of which the municipal court has jurisdiction of the subject matter, when the defendant, or some one of the defendants resides or is served with summons in the city of Cleveland, the mu- nicipal court shall have jurisdiction, and summons, orders of interpleader and all other writs and mesne and final process, including executions, necessary or proper for the complete adjudication of the issues and determination of the action may be issued to the sheriff of any county against one or more of the parties. Sec. 1579-9. § 9. Whenever an action or proceeding is properly brought in the municipal court, the court shall have jurisdiction to determine, preserve and enforce all rights in- volved therein, and to hear and determine all legal and equit- able remedies necessary or proper for a complete determina- tion of the rights of the parties. pec. 1579-10. -§ 10. The municipal court shall have appellate civil jurisdiction from a court-of a justice of the peace in the following cases: 1. In all actions and proceedings heard and determined in a court of a justice of the peace in and for the township of Cleveland in the county of. Cuyahoga. 2. In all actions and proceedings against a resident of the city of Cleveland, heard and determined in a court of a justice of the peace in and for any township in the county of Cuyahoga other than Cleveland township. Sec. 1579-11. $11. Inall causes the municipal court shall have jurisdiction in every ancillary and supplemental pro- ceeding, before and after judgment, including attachment of person or property, arrest before judgment, interpleader, aid of execution, trial of the right of property, revivor of judgment and the appointment of a receiver, for which au- thority is now, or may hereafter be, conferred upon the court of common pleas, or a judge thereof, or upon justices of the peace. In addition the plaintiff shall have an order of at- tachment against the property of the defendant in any civil action of which the municipal court has jurisdiction for the grounds enumerated in section 10253 and in the manner’ pro- vided by section 10263 of the General Code of Ohio. Issue and service of summons, writs and process when one or some one of defendants reside in city. Further jurisdic- tion, Appellate civil jurisdiction. Jurisdiction in ancillary and supplemental proceedings. 8 THE MUNICIPAL COURT OF CLEVELAND OOO EE —————————————————————— el Jurisdiction in all misdemean- ors, etc. Jurisdiction of bastardy and other quasi- criminal actions, Further jurisdic- tion. When amount due exceeds cer- tain sum. When appraised value exceeds $2,500. sec. 1579-12. § 12. The municipal court shail have jurisdiction of all misdemeanors and of all violations of city ordinances of which police courts in municipalities now have or may hereafter be given jurisdiction. In felonies the municipal court shall have the powers which police courts in municipalities now have or may hereafter be given. sec? 1579-13 $413) >The mtinicipalecourtesiare uaye jurisdiction of all bastardy and other quasi-criminal actions and proceedings of which a court of a justice of the peace now has or may hereafter be given jurisdiction; and in all such actions the practice and procedure and the powers of the court in relation thereto shall be the same as those which are now or may hereafter be possessed by a court of a justice of the peace. : Sec. 1579-14. §$ 14. In the actions and proceedings of which the municipal court has jurisdiction, all laws confer- ring jurisdiction upon a court of common pleas, a police court or a justice of the peace, givinowsuch! courte onsoincer power to hear and determine such causes, prescribing the force and effect of their judgments, orders or decrees, and autnoOrizine “or “directing: stem conc CULO leNOtemC I EOnee amici thereof, shall be held to extend to the municipal court, unless inconsistent with this act or plainly inapplicable. Sec. 1579-15. § 15. When the amount due to either party exceeds the sum for which the municipal court is authorized to enter judgment, such party may remit the excess, and judgment be entered for the residue. A defendant need not remit such excess, and may withhold setting it off, a recov- ery for the amount set off and allowed, or any part of it, shall not be a bar to his subsequent action for the amount withheld. ec. 1579-16. °§-16. ‘Whenever the appraised value oi property sought to be recovered in any action in the mu- nicipal court exceeds twenty-five hundred dollars, the judge of the municipal court shall certify the proceedings in the case to the court of common pleas of Cuyahoga county, and thereupon the clerk of the municipal court shall file the orig- inal papers and pleadings, together with a certified transcript w THE MUNICIPAL COURT OF CLEVELAND 9 ee ee nn nnn nnn nnn ener eeere renee SY of the docket and journal entries in the case, in the office of the clesk of said court of common pleas. The bailiff shall deliver the property in his possession to the sheriff of Cuyahoga county, to be by him held as in like cases originat- ing in the court of common pleas, and the case shall then be proceeded with in said court as though originating therein. All appraisals of property sought to be recovered in any action in the municipal court shall be made in the manner hereinafter provided. > Sec. 1579-17. § 17. In any action or proceeding the value Foe, Tee of the property may be ascertained by the oath of two disin- _ tained. terested householders of Cuyahoga county when the property appraised consists of personalty, and shall be ascertained by the oath of two disinterested resident householders of Cuya- hoga county when the property appraised consists of real estate. mec, 10/9-16. $18) In. any action in a’court of a justice of the peace which is appealable to the municipal court any party thereto may file with said justice, within five days after the rendition of a judgment or the making of a final order therein, a notice in writing that he desires to appeal from said judgment or final order to the,municipal court, and forthwith all further proceedings in such action in the court of the justice of the peace shall cease, and the appeal shall be considered as perfected, and the appellant shall not be required to file bond. Said justice shall thereupon im- mediately transmit to the clerk of the municipal court all papers in said action, a transcript of his docket showing the proceedings and the costs of his court, and any moneys held by him in the action and the justice shall order the constable to turn over any property held by him in the action to the bailiff of the municipal court to be by him held as in like cases originating in the municipal court. The clerk of the municipal court shall thereupon notify the appellee of the appeal of said cause. Appeal from jus- tice of peace to municipal court procedure. 1. When a cause is appealed the statement of claim of the plaintiff shall be filed in the municipal court on or before . the tenth day from the rendition of the judgment appealed from, except that upon good cause shown, the time for filing 10 THE MUNICIPAL COURT OF CLEVELAND Commencement of actions, Service, return and publication. the statement of claim may be extended for such reasonable time as the court shall order. : 2.’ When a statement of defense is required the time for filing the same shall be fixed by rule of court not less than ten days after the notice of appeal was filed with a justice of the peace. The case must then proceed as if it had been commenced in the municipal court. Sec. 1579-19. § 19. Civil action and proceedings in the municipal court shall be commenced by summons or writ, the form of which shall be prescribed by rule of court, except as herein otherwise provided. An action or proceeding shall be commenced on delivery of the summons or writ by the clerk to the bailiff for service. 1. Where no special provision is made in this act all writs and process of the municipal court shall be served and returned, and publication made, in the same manner as is now, or may hereafter be, provided by law, for the service and return of writs and process in the court of common pleas. Where the manner of service,and return is not so provided for, service and return may be made in the same manner pro- vided by law for the service and return of writs and process issued by a police court, or a justice of the peace. In ad- dition to the foregoing methods of service and return of writs or process the judges may by rule provide for the service and return of writs or process by mail, registered or otherwise, and when provision for service by mail is so made, a return of the bailiff or sheriff that a true copy of a writ or process was deposited in the mail shall be proof of residence service at the address on the envelope containing stich writ or process; provided that such address be the correct resi- dence address of the party to be served, and that such en- velope be not returned to the bailiff by the postal authorities as undelivered; in the case of a corporation, domestic or foreign, or a partnership, a return of the bailiff or sheriff that a true copy of the writ or process was deposited in the mail, enclosed in an envelope addressed to the corporation ‘or partnership at its office or place where it regularly re- ceives mail, in the city of of Cleveland, or when the court has jurisdiction, elsewhere in Cuyahoga county or the state of THE MUNICIPAL COURT OF CLEVELAND 11 Ohio, shall be proof of service, provided that such address be the office of the corporation or partnership, or the place where the corporation or partnership regularly receives mail, and that such envelope be not returned by the postal author- ities as undelivered; and provided further that, in any case, any person requesting service by bailiff or sheriff shall be entitled thereto. 2. The return day shall be fixed by rule of court and the summons or writ shall, unless accompanied with an order to arrest, be served at least three days before the time of appearance. 3. In an action wherein the bailiff is a party, or is in- terested, writs and process shall be directed to the sheriff of Cuyahoga county. If both these officers are interested, the writs and process shall be directed to and executed by the chief justice. 4. In all civil cases in the municipal court the plaintiff shall file a statement of claim and the defendant shall file a like statement of any set-off or counter-claim he may desire to assert. A statement of defense shall be filed in such cases and within such time as may be required by rule of the court. In cases where a statement of defense is required the sum- mons shall set forth the date when such statement shall be filed, as fixed by rule of court, which shall not be less than five days after the return day of the summons. The state- ment shall set forth in plain and direct language the facts constituting the cause of action, set-off, counter-claim, or defense. 5. To expedite the business and promote the ends of justice the judges may from time to time adopt, publish, and revise rules relating to matters of practice and procedure, service and return of writs or process, classify the causes of action in the court and prescribe with reference to each class the degree of particularity with which a cause of action, set-off, counter-claim, or defense shall be set up. 6. Where no special provision is made in this act, or by rule of court, the provisions of title four, part third, of Return day. When sheriff shall serve process, Filing of plead- ings, Rules of practice and procedure, When provisions of General Code shall apply. 12 THE MUNICIPAL COURT OF CLEVELAND Procedure in criminal actions. Recognizance., Qualifications of surety and tenor of recognizance. Lien of recog- nizance. the General Code shall apply to the practice and procedure of the municipal court; but this section shall not be construed to abridge the powers of the judges in respect thereto granted by this.act. Sec. 1579-20. § 20. In all criminal cases and proceed- ings the practice and procedure and mode of bringing and conducting prosecutions for offenses, and the powers of the court in relation thereto, shall be the same as those which are now, or may hereafter be, possessed by police courts in municipalities. All recognizances for the “appearanceso1 saeuercndan charged with an offense, when the offense is bailable, shall be entered into before the clerk and approved by him; and the surety or sureties therein shall be qualified by the clerk as provided by law. One surety in every such bond must be a resident within the jurisdiction of the court, and the sureties must own prop- erty worth double the sum to be secured, and must have real estate within the county of Cuyahoga liable to execution of a value equal to the sum to be secured; and when two or more sureties are offered to the same bond or recognizance. they must have in the aggregate the qualification prescribed herein. The recognizance shall require the prisoner to ap- pear before the court to answer the charge against him or before the court of common pleas, when the defendant is held to the grand jury as provided by law. The recognizance shall clearly disclose the full name of the surety or sureties, together with the residence address, and there shall be endorsed thereon, a brief but pertinent description of the real estate owned by such surety or sureties. When the recognizance or bond shall be thus entered into, approved and accepted, the same shall become a sub- sisting lien on the real estate of the surety or sureties therein upon which they have qualified until the recognizance shall have been exonerated or discharged. THE MUNICIPAL COURT OF CLEVELAND 13 A copy of every such bond or recognizance, duly cer- tified under the seal of the court by the clerk, as a true copy, shall be filed by him with the recorder of Cuyahoga county forthwith unless in the meantime the defendant shall have been acquitted or discharged by the court. ‘The said recorder shall provide a suitable record book, properly indexed, in which he shall record all recognizances certified to him as herein provided. The recorder shall be entitled to receive from the clerk, such fees and record charges as are now au- thorized by law, for recording deeds and mortgages; and such fees and charges shall be taxed by the clerk in the costs of the respective cases, and shall be paid to the recorder by the clerk from funds in his hands upon certified vouchers or bills rendered by said recorder. The clerk shall transmit to the recorder each day a cer- tified list under the seal of the court, of all bonds or recog- nizances which have been exonerated or discharged, and the recorder shall note on the margin of the record of each re- cognizance the discharge or satisfaction of the same, and the lien on the real estate of the surety or sureties in such recog- nizance or bond shall thereby be cancelled and discharged. The clerk shall not approve nor accept as surety or sure- ties on any such recognizance any person who is then liable on any recognizance or bond theretofore executed in the municipal court, unless it shall appear to the satisfaction of the clerk, that the person offering himself as surety has suf- ficient equity in his real estate over and above his liability thereon, to justify the subsequent bond or bonds as herein provided, or unless said prior bond or bonds shall have been exonerated and discharged. The clerk shall be entitled to tax in the costs of the case, such fee or fees for making the copies and certificates herein required as the court may by rule provide. Provided, however, that in all misdemeanor cases, the clerk, in lieu of the surety or sureties herein required, may accept a deposit of money, in United States legal tender, in an amount equal to the penal sum stipulated in the bond or recognizance, and in any felony case a judge of the munici- Copy of recog- nizance to be filed with recorder Certain persons not accepted as surety. Money deposit in lieu of surety. 14 THE MUNICIPAL COURT OF CLEVELAND Chief justice, additional pow- ers and duties. Sittings in court; general powers and duties. pal court may direct the clerk to accept such a deposit in an amount fixed by the judge, which amount shall be the sum stipulated in the recognizance or bond, and such deposit shall be retained by the clerk as security thereon until the recognizance or bond shall have’ been exonerated and dis- charged; and in the event of the forfeiture of any such bond or recognizance, the clerk shall apply the money so deposited in satisfaction of any judgment that may be rendered on the recognizance and the depositor of such fund shall surrender and forfeit all right in and to the same to the extent of such judgment. Sec. 1579-21. § 21. In addition to the exercise of all the other powers of a judge of said court, the chief justice shall have the general superintendence of the business of the court, and may classify and distribute among the judges the business pending in said court. He shall render a complete annual report to the council of the city of Cleveland, covering the preceding year, which report shall show the work per- formed by the court, a summary of the expenses of the civil and criminal branches of the court respectively, a statement of ,receipts and expenditures, the number of cases heard, decided and settled by the court and by each judge thereof, the number of cases reviewed by the court on error, the num- ber of decisions of the municipal court reversed or affirmed by a reviewing court, the number of days and hours of attendance in court of each judge, and such other data as the council may require. Said report shall be printed by the council for free distribution to the public. The judges of the court may sit separately or otherwise; shall meet at least once in each month and at such other times as the chief justice may determine; shall prescribe forms; establish a system for the docketing of causes, motions and demurrers; adopt and publish rules governing practice and procedure not otherwise provided for in this act; and desig- nate the mode of keeping and authenticating the records of proceedings had before them. The judges or a judge of the court may summon and impanel jurors; tax costs; compel the attendance of wit- ‘ nesses, jurors and parties; issue process; preserve order; THE MUNICIPAL COURT OF CLEVELAND 15 nnn nnnnnnnnnnnnnnnnnnnnnneeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eee punish for contempt; and may exercise all powers which are now or may hereafter be conferred upon the court of com- mon pleas or the judges thereof, or upon justices of the peace, or upon police courts of cities or the judges thereof necessary for the exercise of the jurisdiction herein con- ferred and for the enforcement of the judgments and the * orders of the court. Fach judge shall at least once each month, make a report, in writing, to the chief justice, of the duties performed by him, in such manner and form as the chief justice may require. Any order made by the, chief justice, under the special powers conferred upon him in this act, may be vacated, amended or modified, by the vote of a majority of the judges of the court. Sec. 1579-22. § 22. A judgment rendered, or final order Prodeesinea i made, by any justice of the peace from whose court appeal _ tice of the peace. may be had by the provisions of this act to the municipal court, may also be vacated, modified or reversed, by the mu- nicipal court and the proceedings in error in such case shall be the same as are now, or may hereafter be, provided for proceedings in error from a justice of the peace to the court ° of common pleas, and the justice shall order the constable to turn over any property in his possession to the bailiff of the municipal court to be by him held as in like cases orig- inating in the municipal court. peGuthas seem Saco. be municipal, court,shall have no «Ne Juriediction ° ‘ < 3 when appeal pro- jurisdiction, in either appeal or error, when any party to an _ ceedings to com- mon pleas court action in a court of a justice of the peace shall perfect error _ perfected. or appeal proceedings to the court of common pleas, and if the action has been taken on error or appeal to the municipal court, all proceedings in the municipal court shall thereupon cease and the clerk of the municipal court shall transmit all papers and moneys held by him in the action and certify the costs, to the clerk of the common pleas court, and the bailiff of the municipal court shall turn over any property held by him in the action to the sheriff of Cuyahoga county, to be held by him as in like cases originating in the court of common pleas. THE MUNICIPAL COURT OF CLEVELAND What cases shall Advance deposit. summoning jury; Sec. 1579-24. § 24. All causes in the municipal court, both civil and criminal, shall be tried by the court unless a jury trial be demanded by a party entitled to the same. The time for making a demand for a jury trial in civil cases may be fixed and limited by rule of court. In all criminal cases, “in which the accused is entitled to a jury trial, a demand for a jury trial must be made by the accused before the court shall proceed to inquire into the merits of the cause, other- wise a jury shall be deemed to be waived and the cause shall be tried by the court. In all civil actions, where a jury is demanded, it shall be composed of six lawful electors, unless the parties agree to a less number. Provided, however, that any party may demand a jury of twelve electors. In all ac- tions and proceedings of which police courts have or may be given jurisdiction, where a jury may be and is demanded, it shall be composed of twelve lawful electors. In all civil actions a jury shall render a verdict upon the concurrence of three-fourths or more of their number. When over three- fourths of the jury, as herein provided, shall not consist of an integral number, the next highest number shall be con- strued to represent three-fourths of stich jury. Sec. 1579-25. § 25. In all civil actions and proceedings the cost of summoning jurors and the fees of jurors shall be taxed as part of the costs. Sec. 1579-26. § 26. In all civil cases when a jury trial is demanded the party making such demand may, by rule of court, be required to make an advance deposit of ten dollars for a jury of six men and twenty dollars for a jury of twelve men; provided, however, the party making such demand may by leave of court, file in lieu of such deposit of ten dollars, an affidavit of inability to make such advance deposit when a jury of six men is demanded. sec. 15/9-27. 8 27,, Jurors an-the miunicipalecourt suai be chosen and summoned in accordance with an ordinance of the council of the city of Cleveland, or if no such ordinance is in force, in ‘accordance with a rule of the court. They shall be impaneled in the same manner and challenged for the same causes as jurors in the court of common pleas; they shall have the same qualifications and receive the same fee THE MUNICIPAL COURT OF CLEVELAND as jurors in the court of common pleas; their fees shall be paid out of the treasury of the city of Cleveland. It shall be the duty of the chief justice of the municipal court to cause to be interrogated all jurors summoned for service in the municipal court, and to cause to be inquired into the qualifications of said jurors and to reject from service as jurors all persons who do not appear to possess the quali- fications required by law. | Sec. 1579-28. § 28. In all causes the municipal court shall have the same authority to set aside a verdict, or a judg- ment, and grant a new trial, as is now, or may hereafter be, conferred on courts of common pleas. Sec. 1579-29. § 29. The calendar of the municipal court shall be divided into four terms of three months each, be- ginning respectively on the first day of January, April, July, and: October of each year. The chief justice of the municipal court may continue the session of any term of said court be- yond the time fixed for the commencement of the next term, when such continuance is necessary to finish the trial of any cause or to receive the verdict, or pronounce judgment in any cause, the trial of which has been commenced during the term. When a jury has been impaneled for the trial of a case, or an action is on trial in the municipal court, if it be deemed proper by reason of the approaching close of the term of said court, or for any other cause, to adjourn such trial to the next term, the court may order that it be adjourned to a day certain, on which day the case shall pro- ceed and be disposed of as if the trial had commenced at that term. When in any case on trial in the municipal court, the jury returns a verdict, or the court renders a judgment or decision, within the last three days of the term in which such trial was commenced, either party to such case may file a motion for a new trial within three days after the return of such verdict, or the rendition of such judgment or decision. Sec. 1579-30. § 30. All lands and tenements, including vested interests therein, and permanent leasehold estates, renewable forever, located within the county of Cuyahoga, shall be bound for the satisfaction of any judgment rendered New trial. Calendar. Effect of judg- ments. 18 THE MUNICIPAL COURT OF CLEVELAND A Cea in the municipal court from the first day of the term at which judgment is rendered; but judgments by confession, and judgments rendered at the same term at which the action is commenced shall bind such lands, tenements, vested interests and permanent leaseholds only from the day on which such judgments are rendered. rag ke Sec. 1579-31. § 31. The party in whose favor a judg- ment is rendered by the municipal court may file a transcript of such judgment in the office of the clerk of the court of common pleas, in the same manner and under the same con- ditions, as are now, or may hereafter be, provided for the filing of transcripts of judgments rendered by justices of the peace; all provisions relative to transcripts of judgments and liens of judgments rendered by justices of the peace, shall, in so far as applicable be applied to transcripts of judgments and liens of judgments rendered by the municipal court. Bntvcostea Sec. 1579-32. §$ 32. The lien of a judgment of the munici- pal court may be enforced in the court of common pleas in the same manner as the lien of a judgment rendered by the court of common pleas. Execution may be issued on such judgment at any time after a transcript thereof has been filed, as if the judgment had been rendered by the court of com- mon pleas; but all liens shall remain as provided in this act. Proof of records. sec. 1579-33. § 33.. The records of the municipal court may be proved by the production of the original records, or by a transcript thereof certified by clerk of said court under its seal. me Sec. 1579-34. § 34. The clerk of the municipal court shall make and maintain an alphabetical index of the names of all plaintiffs and defendants to suits filed in said court. Morea SF dei Sec. 1579-35. § 35. When the summons has been served or the publication made, the action in the municipal court is pending so as to charge third persons with notice.of its pen- dency. While pending, no interest can be acquired by third persons in the subject of the action, as against the plaintiff’s title. behets tes Sec. 1579-36. § 36. Proceedings in error may be taken to in error. THE MUNICIPAL COURT OF CLEVELAND the court of appeals of: Cuyahoga county from a judgment or final order of the municipal court in the same manner and under the same conditions as are provided by law for pro- ceedings in error from the court of common pleas to the court of appeals; provided, however, no proceedings to re- verse, vacate or modify, such a judgment or final order shall be commenced unless within sixty days after the overruling of the motion for a new trial, or the entry of the judgment or final order complained of, when the motion for a new trial is not filed; or in case the person entitled to such proceedings is an infant, a person of unsound mind, or imprisoned, within forty days exclusive of the time of such disability. And pro- vided further: That in actions in forcible entry and deten- tion the party objecting to the finding of the court on ques- tions of law and evidence shall reduce his objections to writing and present same to the trial court not more than ten days after the overruling of a motion for a new trial of said action, and no petition in error to reverse, modify or vacate the judgment or final order in such cases shall be filed in the court of appeals, except upon leave of said court of appeals or a judge thereof, and upon notice of such application being first given to the opposite party. | And provided further that in-all criminal actions and proceedings of which the municipal court has final jurisdic- tion, if the defendant shall deem himself aggrieved by a decision of the court he may present his bill of exceptions thereto, within ten days from the overruling of a motion for a new trial, or from the date the decision, judgment or sen- tence of the court is entered, which bill of exceptions the court shall allow and sign if the same be correct, and it shall be made a part of the record, and the taking of all bills of exceptions shall be governed by the rules established in civil cases and shall have like force and effect. For good cause shown, the time for signing and allowing a bill of ex- ceptions in any criminal case may be extended a further period not exceeding ten days, by the judge with whom it is filed, and in which event the extension must be endorsed on the bill by such judge. And provided further, that in all proceedings in error relating to judgments or orders of the municipal court, the reviewing courts shall take judicial notice of all rules re- 19 Error proceed- ings in forcible entry cases, Bills of excep- tions in criminal cases, THE.MUNICIPAL COURT OF CLEVELAND Error pertaining to practice. Stay of execu- tion; bond. lating to pleading, practice or procedure of the municipal court. When any error proceeding has been determined or dismissed by the court of appeals, the clerk of such court shall, immediately after the time allowed by law for the com- mencement of proceedings to review the judgment of said court of appeals, if such proceedings have not been com- menced, transmit to the clerk of the municipal court all of the original papers and pleadings in such case. pec. 1579-37. § 37. No assignment of error in a re- viewing court shall be allowed in any action which shall call in question the decision of the municipal court in reference to any matter pertaining to the practice in said court; pro- vided, however, that the reviewing court may grant relief from any error of the municipal court in respect to a matter of practice therein in any case where in the opinion of the reviewing court such relief is necessary to prevent a failure of justice. Sec. 1579-38. § 38. A person against whom a: judgment has been rendered in the municipal court may stay execu- tion thereon by entering into a bond to the adverse party within ten days after the rendition of such judgment, with sufficient surety, a freeholder owning real property situated: in the county of Cuyahoga or a corporation authorized to execute surety bonds in this state, approved by the clerk of the court or a deputy, and conditioned for the payment of the amount of such judgment, interest, costs and costs that accrue. Such bonds shall be entered on the docket of the clerk of the court and shall be signed by such surety. Where a freeholder of the county of Cuyahoga is a surety, said undertaking shall be a lien on the real property of said free- holder situated in the county of Cuyahoga from the time of signing the undertaking until the judgment and all costs in the case upon which the stay of execution has been granted are satisfied. The stay of execution hereby authorized shall be grad- uated as follows: First: On a judgment for $50.00 and under, for sixty days. THE MUNICIPAL COURT OF CLEVELAND Second: On a judgment exceeding $50.00 for one hun- dred and eighty days. Sec. 1579-39. § 39. Stay of execution on the following judgments shall not be allowed: 1. Judgments against sureties or bail for the stay of execution, 2. Judgments rendered in favor of sureties or bail who have been compelled by judgment to pay money on account of their principal. 3. Judgments rendered against a surety on a bond or undertaking given in any action or proceeding in any court. 4. Judgments for an amount not exceeding $100.00 ren- dered in favor of any person for wages due for manual labo. by him performed. 5. Judgments and decrees in actions of foreclosure of mortgages, mechanics’ liens and in proceedings to subject real property to the payment of judgments and marshaling of liens. Sec. 1579-40. § 40. Where no special provision is made in this act the laws governing the court of common pleas as to security for costs, bills of exceptions, motions for new trials, vacation or modification of judgment before and after terms, the referring of matters to a referee or special master commissioner, the issuing of executions and orders for stay of execution, and the taking of depositions, shall be held to apply to the municipal court. At the municipal election of 1911 and every four years thereafter, there shall be nominated and elected a clerk of the municipal court in the same manner as other municipal officers are nominated and elected, who shall serve until his successor is elected and qualified; provided, however, that at the municipal election of 1923 and every four years there- after said clerk shall be nominated and elected in the same manner as judges of the municipal court are nominated and elected. ‘The term of office of said clerk shall commence on 21 Cases wherein stay of execution not allowed. Laws governing court of com- mon pleas appli- _ cable. Election of clerk; compensation, oe THE MUNICIPAL COURT OF CLEVELAND Powers and duties of clerk. the first day of January next after his election and he shail hold office until his successor is elected and qualified. He shall receive such compensation payable out of the treasury of Cuyahoga county not less than two thousand dol- lars per annum as the county commissioners may prescribe, and such further compensation not less than twenty-five hun- dred dollars per annum, payable in monthly installments out of the treasury of the city of Cleveland as the council may prescribe. Deputies to the clerk shall be designated as hereinafter provided for in this act. Sec. 1579-41. § 41. The clerk of the municipal court shall have general powers to administer oaths, and take affidavits, and to issue executions upon any judgment rendered in the municipal court, including a judgment for unpaid costs; he shall have power to issue and sign all writs, process and papers issuing out of the court, and to attach the seal of the court thereto; and except as hereinafter provided, shall have power to approve all bonds, recognizances and undertakings fixed by any judge of the court or by law; shall file and safely keep all journals, records, books and papers belonging or appertaining to the court, record its proceedings and perform all other duties which the judges of the court shall prescribe. He shall pay over to the proper parties all moneys received by him as clerk; he shall receive and collect all costs, fines and penalties, and shall pay therefrom annually six hundred dollars in quarterly installments to the trustees of the law library association as provided for in division IV, chapter 1 of the General Code, and shall pay the balance thereof quar- terly to the treasurer of the city of Cleveland and take proper receipts therefor, but money deposited as security for costs shall be retained by him pending the litigation; he shall keep a book showing all receipts and disbursements, which shall be open for public inspection at all times; and shall on the first Monday of' each term of court make to the city auditor a report of all receipts and disbursements for the preceding term. He shall succeed to all and shall have all the powers and perform all the duties of police clerks. And as to the selection of the deputy clerks he shall have power to appoint a chief deputy only. All other deputies and as- sistants shall be appointed or selected by him as hereinafter provided. THE MUNICIPAL COURT OF CLEVELAND Sec. 1579-42. § 42. All money deposited as security for costs and all other moneys, other than costs, paid into the municipal court, shall be noted on the record of the cause in which they are paid and shall be deposited by the clerk in such banking institutions as shall be designated by the judges of the court, there to abide the order of the court and to bear interest at not less than two per cent per annum. On the first Monday in January of each year the clerk shall make a list of the titles of all causes in the municipal court which were finally determined more than one year past, in which there remains unclaimed in the possession of the clerk of any such funds, or any part of a deposit for security for costs not consumed by the costs in the case. The clerk shall give notice of the same to the parties entitled to said moneys. or to their attorneys of record. All such moneys remaining unclaimed on the first day of April of each year shall be paid by the clerk to the city treasurer, provided, however, that any part of such moneys shall be paid to the person having the right thereto upon proper certificate of the clerk of the court. Sec. 1579-43. § 43. Before entering upon the duties of his office the clerk of the municipal court shall make and file in the office of the treasurer of the city of Cleveland a bond in a sum of not less than ten thousand dollars, to be deter- mined by the judges of the court, with surety to be approved by the auditor of the city of Cleveland, conditioned for the faithful performance of his duties as such clerk. The said bond shall be given for the benefit of the city of Cleveland and for the benefit of any person who may suffer loss by rea- son of a default in any of the conditions of said bond. A vacancy in the office of the clerk of municipal court shall be filled by the judges of the municipal court for the unexpired term. Sec. 1579-44. § 44. The chief deputy clerk shall receive such compensation not less than one thousand five hundred dollars per annum as the council may prescribe. The other deputy clerks shall receive such compensation not less than one thousand two hundred dollars per annum as the council 23 Moneys received shall be depos- ited and draw interest, _ Bond of clerk, Compensation of chief deputy and clerks, 24 THE MUNICIPAL COURT OF CLEVELAND nn nnn nnn nner eee ee eee ce SSS SSS may prescribe. AI] of said salaries shall be paid in monthly installments; out of the treasury of the city of Cleveland. If desired by the court the clerk shall designate one deputy to each court room, who shall perform such duties as may be required by the judges. The clerk may require any of the deputy clerks to give bond of not less than one thousand dollars, the terms whereof shall be subject to the approval of the judges of the court. The sureties on said bonds shall be approved and said bonds shall be filed in the manner pre- scribed for the approval and filing of the clerk’s bond. Dep- uty clerks shall take the same oath or affirmation required of the clerk of said municipal court. Railiffs; duties, | Sec. 1579-45. § 45. A bailiff and deputy bailiffs shall be compensation, ‘ Xs 5 y : + Mehl designated as hereinafter provided for in this act. They shall perform for the municipal court services similar to those usually performed by the sheriff for courts of com- mon pleas and by the constable for courts of justice of the peace and may administer oaths to witnesses and jurors and receive verdicts "in the same emanner ands tom s00dmoumic same extent as deputy clerks of the court of common pleas are or may hereafter be authorized by law to perform such service. The bailiff shall have power to approve all under- takings and bonds given in actions of replevin, all re-deliv- ery bonds in attachment, and all bail bonds given upon arrest before judgment. The bailiff shall receive such compensa- tion not less than three thousand six hundred dollars per annum and deputy bailiffs shall each receive such compensa- tion not less than one thousand two hundred dollars per annum, as the council may prescribe, payable in monthly installments, out of the treasury of the city of Cleveland. Be- fore entering upon his duties, the bailiff shall make and file in the office of the auditor of the city of Cleveland a bond in the amount of not less than ten thousand dollars to be de- termined by the judges with two or more sureties to be ap- proved by the chief justice. The terms of said bond shall be subject to the approval of the judges of the court. The said bond shall be given for the benefit of the city of Cleveland and of any persons who shall suffer loss by reason of a de- fault in any of the conditions of said bond. The bailiff may require any of the deputy bailiffs to give a bond of not less than one thousand dollars, the terms whereof shall be subject to the approval of the judges of the court. The sureties on THE MUNICIPAL COURT OF CLEVELAND said bonds shall be approved and said bonds shall be filed in the manner prescribed for the approval and filing of the bailiff’s bond. The bailiff may, with the consent and approval! of the judges of the court, appoint stenographers and clerks to perform the necessary stenographic and clerical duties in the bailiff’s department. Sec. 1579-46. § 46. Excepting the clerk and the chief deputy clerk, the bailiff and all deputy clerks and deputy bailiffs, of the municipal court, shall be in the classified civil service of the city of Cleveland, subject to the pro- visions of the laws of the state applying to said classified service. From time to time as the chief justice of the municipal court may demand, the civil service commission of the city of Cleveland shall certify to the chief justice of the municipal court a list of those eligible for the positions of bailiff and deputy bailiff, and to the clerk from time to time, as he may demand a list of those eligible for the positions of deputy clerk. From such lists the judges shall designate a bailiff and such number of deputy bailiffs as judges of the said court may deem necessary to transact the business of the court, and the clerk shall designate a chief clerk,’ and such number of deputies as the city council may determine. Any appointee under this act may be dismissed or discharged by the same power or force which appointed him. Every police officer of the City of Cleveland shall be ex- officio a deputy bailiff of the municipal court and shall per- form from time to time such duties in respect to cases within the jurisdiction of said court as may be required of them by said court or any judge thereof. Sec. 1579-47. § 47. The municipal court, by rule of court, may establish a’schedule of fees and costs to be taxed in all actions and proceedings, both civil and criminal, which in no case shall exceed the fees and costs provided for like actions and proceedings by general law. Sec. 1579-48. § 48. The council of the city of Cleveland shall provide suitable accommodations for the municipal court and its officers including a private room for each judge and sufficient jury room, The council shall also provide for Classified civil service. Ex-officio bail- iffs. Costs; how taxed, Accommoda- tions for court. 26 THE MUNICIPAL COURT OF CLEVELAND the use of the court complete sets of the reports of the su- preme and inferior courts of Ohio and such other authorities as are deemed necessary, and shall provide for each court room the latest edition of the General Code of Ohio, and necessary supplies including telephone, stationery, furniture, heat and light. The expense of maintaining the court shall be paid out of the treasury of the city of Cleveland. Spal: Sec. 1579-49. § 49. The said municipal court shall have a seal which shall have engraved thereon the coat of arms of the state and shall be one and three-fourths inches in diam- eter and shall be surrounded by these words, “The Municipal Court of Cleveland, Ohio,’ and shall have no other words or device engraved thereon. agpeapiins sp Sec. 1579-50. § 50. The solicitor for the city of Cleve- land shall also be prosecuting attorney of the municipal court. He may designate such number of assistant prosecu- tors as the council of the city of Cleveland may authorize. The persons thus appointed shall be subject to the approval of the city council and such assistants shall receive for their services in city cases such salaries as the council may pre- scribe, and the county commissioners may allow such further compensation as they deem proper, which shall be paid from the county treasury: The prosecuting attorney of the municipal court shall prosecute all cases brought before such court and perform the same duties, so far as they are applicable thereto, as are re- quired of the prosecuting attorney of the county. ae ATA The council of the city of Cleveland by ordinance, shall provide for the appointment of one or more interpreters and one or more persons to be known as probation officers. Pro- bation officers shall have all the powers of regular police of- ficers and shall devote their time to. the interests of persons placed upon probation. Upon the order of the municipal court, or a judge thereof, they shall investigate the circum- stances of any case that may come before the court for final jurisdiction. Probation officers and interpreters shall be appointed by the judges of the municipal court, and serve at their pleasure. THE MUNICIPAL COURT OF CLEVELAND They shall receive such compensation as the council by ordi- nance may prescribe. If a member of the police department is appointed probation officer, he shall have the privilege of returning at any time to the active service in the department and to the same rank and standing as he held at the time of appointment as probation officer. The judges of the municipal court may also appoint such stenographers and clerks as may be necessary for the con- duct of the work of the probation department. Sec. 1579-51. § 51. Whenever the incumbent of any elec- tive office created by this act except that of clerk shall tem- porarily be absent or incapacitated from acting, the judges shall appoint a substitute, who shall have all the qualifications required of an elective incumbent of the office. Such ap- pointee shall serve until the return of the regular incumbent. Any vacancy which may occur in any elective office created by this act, except that of clerk, shall be filled by appointment by the governor until a successor is elected and qualified. Every such vacancy shall be filled by election at the first municipal election taking place more than thirty days after the vacancy shall have occurred. The person elected shall fill the office for the unexpired term. Wherever under the provisions of this act authority is vested in all the judges constituting said court, such author- ity shall be exercised in accordance with a majority vote of said judges including the chief justice, and such exercise of authority shall be recorded by a minute thereof or order spread upon the records of the court. sec. 1579-52. § 52. Upon the expiration of the term of office of the last justice of the peace in Cleveland township, Cuyahoga county, after said office has been abolished, the said justice shall deposit with the clerk of the municipal court of Cleveland, his official dockets with all the files, papers and books pertaining to his office; also all of the dockets, files, papers and books of his predecessors or others holding the office of justice of the peace in Cleveland town- ship, which have come into his custody. 27 Appointment of substitutes. Vacancies, Duties of justices when office abolished. THE MUNICIPAL COURT OF CLEVELAND becomes successor of justices court. The municipal court of Cleveland shall become the suc- cessor in office of the last justice of the peace and after the delivery to the clerk of said court of the dockets of said jus- tice of the peace, or any other justice of the peace of Cleve- land township, the said municipal court of Cleveland may proceed in all cases in like manner as if originally had or instituted before said court. Sec. 1579-53. § 53. The sections of this act, and every part of such sections are hereby declared to be independent sections and parts of sections and the holding of any section or part thereof to be void or ineffective shall not affect any other section or part thereof. Sec. 1579-54. § 54. This act shall not be construed to shorten the term for which any judge or officer of the municipal court has been elected. RULES OF THE MUNICIPAL COURT OF CLEVELAND Revised to January 1, 1924 Compiled by Peter J. Henry, Clerk RULES OF THE MUNICIPAL COURT OF CLEVELAND (Revised to January 1, 1924) CIVIL BRANCH It is hereby ordered that the following be, and the same are hereby adopted as the rules for the docketing of causes and the regulation of the practice and procedure of this court in civil causes, until otherwise ordered: RULE 1 All civil actions brought in this court shall be numbered consecutively as filed, and shall be entered upon the civil docket as numbered. In filing any papers, or calling the attention of the court to any case, the number itself must be given. RULE. 2 All civil actions in this court are hereby divided into the following classes: First-class Cases—(1) All actions for the recovery of money only, whether in contract or tort, wherein the amount sought to be recovered exceeds three hundred dollars ($300), exclusive of interest and costs; (2). All actions and proceedings equitable in their na- ture, including: (a) The marshaling of liens; (b) Proceedings in aid of execution, or creditors’ bills; (c) Foreclosure of chattel mortgage or other liens upon personal property; (d) Actions and proceedings for the sale of real prop- ° erty to enforce a judgment of the municipal court, or a lien for material and labor; or a lien of a mortgage on real property situated within the limits of the city of Cleveland, when the amount claimed by the plaintiff does not exceed $2,500.00 ; Cases numbered. Classification of cases, Sessions of court. Dockets and records. THE MUNICIPAL COURT OF CLEVELAND (e) Interpleaders; (f) Other similar actions and proceedings. Second-class Cases—(1) All actions for the recovery of money only, whether in contract or tort, wherein the amount sought to be recovered does not exceed three hundred dollars ($300), exclusive of interest and costs; (2) All actions and proceedings for the recovery of personal property, together with damages for the wrongful detention thereof; (3) Actions for the recovery of real property, includ- ing forcible entry and detainer ; (4) Other similar actions. The classification of a case shall not change in any of its stages. RULES The sessions in the civil branch of this court shall be from 9 O'clock: ay-m.a1ntil Zao iclockam sand arome so.cloc 4 DP... until.4 o’clockips.mioticial Stimemote theactity oF Cleveland, on each week day, except Saturday, when the’ sessions shall be from<9 Vo a ee Pe Se ne eee 3 PHOSECUTIN@aattOrneys... <4 vern ske vente Wt ee eee 50 Courts, Reviewing. , Judicial notice of certain rules in municipal court, to take EW Reta es Soho ajo dS. 0d cb Sa OE ee ie eee ee pata 36 Depositions. Taking ote laws SOvVerninie.. scl, nus eee ae eo caren eee 40 Error. Assignment of, what shall not be allowed, except......:... i, Error Proceedings. Commenced withinew hatitiniesto Des.c. awn seve oes 36 Court of appeals, owe taken atGy set. poke ne hee 36 Section Error Proceedings, continued. From judgment or final order of justice of peace.......... 1579-22 Procedure in when appeal or error taken to court of com- mon pleas and also to municipal court............ Zo I’xecution. LAW SAROVERIUI INEGI ROR osc ctrela Ox fe oo? WR Seas Sales 40 Fees. } schedule of to be fixed: by rule of court........s0ce0e.-00. 47 General Code of Ohio. PTGVISIOUSOGD La Ol Veemell cea gas « a's ae vo > x a sub. div. 6 19 Interpreters. APpouriment vol pndies lary tase: wakes. oe sy par.4and5 50 Index. Clerk: to mak Gran dainain tating. ante nrek tele ates hana c Sie. Sacks 34 Judges. Attendance, number: ta bean, atiall times: Jace. sea. par. 3 3 Authority vested in, to be exercised how............ par. 3 al Compernsationeotad seat ee tet ad ae tle cloay otass.. par. 1 3 NOmMation, and clectionsoliaee ec aes Genes. ss a abi eerlet cs aie) wre hel pe le ey Sr ee, Oe POs Od 2 Practice and procedure, may. adopt rules of......,..... pated 19 REMI Val imran waren ee ees at Sey Sear has Sd e as ols 4 Sittings of, general powers, and duties....... par. 2, et seq. 21 Stenographers and clerk in probation department, may SORE Se ee hale oe tre Se pate 50 Vacation: Ofte Gre ae ee ot aw oe. Date * Judgment. Effect of on lands, tenements, etc., in Cuyahoga county... 30 Lien of, how enforced in court of common pleas:.......... 32 Transcript of, how filed in office of clerk of common pleas SOIT Bats ll Cis Oe te ePtnd ety ees, eels dos asa aid ae ee 31 Vacation or modification of, laws governing.............. 40 Jurisdiction. ACCOUNTEIE er ele ee ety tc at uae ins Sou es sub. div. 3 6 Aid S) GeeRec uiin aerate eee © nesses as eae sub. div. 5-6-9 6 NS UEV A a es BLES CUS. em ee a ee sub. div. 4 7 Misdemeanors .Weedettas a ates 3 co eee ee i 12 Money, in actions for recovery of, amount not to exceed 2D ODL00 8 ae) i tivrece ie ties a ie: en sub. div. 2-3 6 None in municipal court, when appeal or error taken to common pleas court and also to municipal court.. 23 Original, civil, within limits of city of Cleveland........... 6 Cuyahoga county 4ia. crew ake oe ee ee 7 State of ‘Qhio eeaeuinde ys aes ameeneea sear eee 8 Personal property-sale-ot #49 4h eee. eee sub. div. 5 6 Realjproperty; sale: oft, .i..Aloe ete eee sub. div. 6 6 Réeeéiver, appointment: oF Vs ee ree ee eee ee ee 11 Refetmatidicot contracts. tee os eee ca eee sub. div. 3 6 Replevige, !% 2. \'< . coy ero oe ee ea ee sub. div. 2 6 Révivor of2 judom ent =e. ents ee ee yn ee le ee 17 Scope of, as to enforcement of rights and remedies........ 9 Triab-ararigntor prop erty 2% oj ie nee ie ee ene 11 Jurors. Feés: Of. ctc.;-to De taxéd as part ol the costs 22.27 ee ee 25 Chosen how, and summoned; impaneled; challenged for what causés:’ qualifications fei. en eater. ae eee 27 Jury. Civil action, shall be composed of six lawful electors...... 24 Criminal action, shall be composed of twelve lawful elec- — TOPS a es Las PR he ae Ea haps 2 ere A ee 24 Trial by, civil action, money deposit to be made, when.... 26 time for making demand to be fixed by rule of court 24 criminal action, demand for to be made when......... Fe Justice of the Peace, Cleveland Township. Duties of last.easito dockets) hles; papers ete. ee ane ene 52 Muniempal¥couety successor (to ©) sonata ee oes Dat2 52 Money. Unclaimenito bespaid to*city tredsifersn+-.-,. sree cae 4? Municipal Court of Cleveland. Calend ar So pene saree Oe Bad sak ues ine ce ee 29 CourtrOttrecerd) Jer teeati one . ie evden Lanta Ieee eee } Establightven tot sat wee de det « Rao dass D5 tke elias ee ee Oe 1 Records’of how: prowed’ eds. +2. vents a+ 6s ae hecho yw eel ese oc Section Municipal Court of Cleveland, continued. Param toe ae tO Leonia. Ue Clas can ce Lk dk Pee ee KS 1579-49 Sessions of, may be continued, when ...............2 000s 29 Terms of, and commencement of each ..........00ceeeeeee 29 New Trial. Authority to grant, same as common pleas court .......... 28 Motion for, may be filed after term, when................ 29 MS BO CCTUIN Seay ee bie ods Ser ke oe ee 40 Police Officer. Peru Marit: Ih, OXSUICIO. +c’. «vases Laue cee ones par. 2 46 Probation officer, may be appointed as .............- par. 3 50 Probation Officers. 8 Og Te Rene a SPR oti Ce par. 3 50 Reet a re COTTA iiss. o-o3 Miu, a tis ke whe eee par. 4 50 Proceedings. mireneeds Now and When (0. 62s fist swe peter es Aan 19 ee EEN TS od hat. oo ogee Mn URES Ae ee 14 Process. erie ater eeturned: HOW: « ¢ «ss. s.c 00:0 0 pe anelon sub. div. 1 19 Prosecuting Attorney. Sn RUE ete oy. Sas vos vk mea ae par. 2 50 Property. Maem ecertaied by whom... . «. «assault bok Ree ees 17 Publication. RMR LN RETO ys a,» Shdag whee o2 > ogo Dees Ce sub. div. 1 19 Recognizance. Copy, to be filed with recorder of Cuyahoga county..par. 6 20 Perera 6fOte clerk .5.. ce «seo ols Pao: yo» par. 2 20 Exonerated or discharged, list of to be transmitted to re- eritier of Cuyahord cotintyegs eves wens ors pare’ 29 Fee for making copy to be taxed as part of costs..... par. 9 20 Lueriam on teal estate Of Surety 272. ul. aeens wes e. < par. 5 20 Money deposit may be made in lieu of surety, when..par. 10 20 eens, certain, not. accepted: as Surety... see .5 «sic ss par. 8 20 ieeewod KITALINCALIONS: Hittin. «car «6 Loe see paris 20 2 a) a en Sat Ge el ee en Oe ae par. 3-4 20 Reference, Order of. OAL OC VELTNING. 41. ci nc nintesn ola ne We wae ROM e dx nt aipias hye 40 Replevin. Procedure in when value of property exceeds $2,500.00.... 16 Report, Annual. Peane wade to. the, COMmeL Paws oa bles ise hie ante a aes 21 Return Day. Tope fixediby, tule: Gf court ~~ n.7 ok cy eee Vs eee sth, divel 19 Sheriff. Process to be served by, when ....... .....eee. sub. div. 3 19 Special Master Commissioner. Appointment, of, laws swovernings coe. ei ekec ck oe tes dees 40 59 60 Section Statement of Defense. To contain what, and to be filed when......:...sub. div. 4. 1579-19 Stay of Execution. May ‘be had; and’ within whatwdime «<,:o.5s os eee ee 38 Not. allowed? wheti.7. oc 45 25 came. vite eeniecale ie et eee 39 Substitute Officers. Appointment of, and Dy whom Vis. sc eee ieee ee eee eee a Writs. Served and returned iow, 6.5 eccne se eee sub. div. l 19 Vacancy. Clerk, “in office Gt” How nlled oxen eee ee id sf 43 JO anatocs Stein ice ia balls ate eile ee RS eee paree 51 Verdict. Civil actions, three-fourths or more of jury to concur...... 24 CIVIL BRANCH INDEXSLOV RU Rule Actions. Jéinder of, General Code-applicable ta. 7 saae eae eee 16 Aid of Execution. Proot of 10%. demand to be nléd in 2. eee eee Jit Aid Proceedings. DGD OSTRIN skins vse 0's-0 shall eee ue Meee Sey Pe oe ane Se 30 Amendments. General Code applicable to ....... Are SY 2 See eae 16 Appearance. DAV RT Oty: s accie, acc + init anal ate nn ee te 18 Cases. Appeal rule dayvomcon: .- 6. 0... as ccke ale ete ee ee eee 1Z Attachmentassignmentsot..; ....\. > sake sil = eee ee 18 Classification 70 tii. caee, ie alcbs calch a alates wash kee ee Eee 2 First-class, provisions of civil code applicable to.......... fas First-class, “what ane, tales. c0 es. os ek ee ee ee eee 1 For detault, calliandassionment at) Su sm.cs- eros eee ee 18 Forcible detainer: sheardmwhen i... .2..c on) eee 18 Fore-clostire, Assiontient /O1,. o acuheae soles af to ue eee 18 Biectments heard where stad: 66 situ ote ons eee 18 How.munrbered 52. oe on eta ee ds ee eee 1 On active list, postponementsot ... cane see a oen eee 18 Ready.tfor trial,-placed on actiwertlisii. .coet sa. 7e ae 18 Rule Cases, continued. Ree TIRE SLOPUTOETIC UOT: sic s's cy as 0scdelh 20's © ou eed a bie ww ele oe 18 MESIHIsGIn Ge SMOStPONEMENL Of sc cack isss ccc tees ww uva'sees 18 Second-class, provisions of justice code to apply.......... 24 REY Ce Let NOT EY Ce Ec cine, «Ghetto wv, widsvosaew ld bile ls ok aa 1 Certificate of Title. MCPMEYSP NTE RIVG ET @UT Ta WIUGTIA ke tr? © octet, sight Sa hipiy en Be th eres 33 Claim. Braet war COplesalOr Service ish wel dies eAieaceb wdc kanes 7 eee enmore wnat to CONTAIN. 2h. onuat< cs uke ncaa oe ake ae 6 Continuances. PUterlere vee eeeste OW, TICE... 4 vss « vse esis o's odes wwe ey Zi Costs. ISChrItve tl Camerer me titiert CI STPCU ly. mas xs oo dslv 0 ce csdetmey cane 27 OR a pooch 6 Counsel. Dafa ede Ce ae re ee ea 2 nS 6, ou vs ws! 0 sae WK 6 0 steams 19 Counter-Claim. Derr Gr UPC REIN I CH DLCRTO. ere cs < a.g us 2 o'e's « sieveiwss viele 'e sundaes 16 Court. DRAM io ate SAO De gay c.tya ec ah k's Soca sides sss tee ame 3 Defense. SET es PC ALOT) foe o's