THE

PRACTICE

IN

CIVIL ACTIONS AND PROCEEDINGS AT LAW,

IN OHIO,

AND

PRECEDENTS IN PLEADING,

.WITH PRACTICAL NOTES;

TOGETHER WITH

THE FORMS OF PROCESS,

AND

CLERKS' ENTRIES.

BY JOSEPH R. SWAN,

LATE PRESIDENT OF THE TWELFTH JUDICIAL CIRCUIT.

IN TWO VOLUMES.

VOL. II.

COLUMBUS:

PUBLISHED BY ISAAC N. WHITING.
1850.

Entered according to act of Congress, in the year 1850, by ISAAC N. WHITING, in the Clerk's office of the District Court of the District of Ohio.

COLUMBUS:

SCOTT AND BASCOM'S STEAM PRESS.

CONTENTS OF VOLUME SECOND.

CHAPTER I.

PROCEEDINGS BY DEFENDANT AFTER DECLARATION FILED,

AND BEFORE PLEADING.

Page.

1. DEFENDANT'S PROCEEDINGS GENERALLY, WHEN THE CAUSE OF AC-

6. Effect of paying money into court, and proceedings there-

after,

--

610

III. DEFENDANT'S PROCEEDINGS GENERALLY, PREPARATORY TOo a de-

IV. STRIKING OUT COUNTS,

V. OYER.

1. In what cases demandable,

2. At what time demandable,

3. How demanded,

4. At what time granted,

611

612

612

612

613

613

1. In what actions bill of particulars may be demanded, ---

2. Notice to the plaintiff to furnish bill of particulars and

copies of instruments,

5. Effect of not furnishing bill of particulars, or copies,

618

IX. WHEN AND HOW PLEAS FILED,

618