THE APPLICABILITY OF ENGLISH METHODS
291
and patent jurisdiction, has to do with an in civil actions in which the amount in average annually of approximately thirteen controversy exceeds $100 and exclusive hundred cases for each one hundred thousand jurisdiction where it exceeds $300. It of population. has also a general jurisdiction as extensive At the present time a case is reached for as the High Court in other directions ex trial in the Court of Common Pleas in a cept as to probate and admiralty and year to fifteen months. The Circuit Court, patents. A case once tried, the defeated which is an intermediate appellate court, litigant, if it is an equity case, may appeal keeps up promptly with its work. The as of right on giving an appeal bond to the Supreme Court is about fifteen months in Circuit Court and have it retried de novo. arrears. So that if a suit is brought, tried, If it is a law case, he may prosecute a pro taken on error to the Supreme Court, not ceeding in error; and have the judgment reviewed for errors of law committed by less than three years will be used up. So far as this delay is concerned, very the trial court. He is not required even little of it is due to defective rules for matur to have a copy made of the original plead ing cases; and, in my opinion, the rules for ings, or of the bill of exceptions; he makes summary judgment, or summons for direc use of the original papers, the costs in the tion, or dispensing with printed records and event of defeat are an item of no consequence. There is no pecuniary limit to this right briefs in the reviewing courts on which Mr. Crane dwells, would obviate little or to go to the Circuit Court by appeal of none of the delay in contested cases. The error. It may be done in any case that can be brought or appealed to the Court real cause lies deeper. The jurisdiction of county courts as de- of Common Pleas, except in divorce cases, cribed in Mr. Crane's article is substantially in which the judgment granting or refusing those of a justice of the peace of Ohio, and a divorce is final, but is appealable so far their organization seems to be admirable, only as involves the custody of children and a vast improvement on anything known or alimony and property rights. to me in the United States. An appeal In the Supreme Court, any judgment of lies from them to the High Court only the Circuit Court may be reviewed for for error of law, and appeals are infrequent; errors of law, if the amount in controversy only one hundred and forty for all England exceeds $300, and in many classes of cases in 1902. without regard to the amount. The per An appeal from a justice to the Court of son taking the case up must print enough Common Pleas lies as a matter of right in of the record to show the errors complained Ohio in all cases except those involving of; but the consequences of a failure are less than twenty dollars, tried by a jury. not serious enough to deter litigation. The In the absence of exact statistics, I can Supreme Court may, on affirming judg only say that the general opinion is that ments for the payment of money, impose the larger part of the contested cases tried as a penalty additional interest not exceed by a justice are appealed, thereby tending ing five per cent per annum, and in affirm to congest the dockets of the trial courts. ing other judgments may tax an attorney Appeals lie from the Probate Court to the fee not less than $25 nor exceeding $300, Court of Common Pleas as to nearly every and damages not exceeding $500. If, how final order that it can make, without any ever, the court certify that there was reason serious restrictions or deterrents, still fur able cause for the proceeding in error, ther congesting the docket of the trial court. neither fee nor damage shall be allowed. The Common Pleas Court has concur Costs, outside of printing charges, are in rent jurisdiction with the justice's court significant, whether the party wins or loses.
