
    The Ohio and Toledo Railroad Company v. Edward M. Bates.
    Since the passage of the act of March 30, 1875 (72 Ohio L. 161), amending, section 111 of the justices code, there is no appeal from the judgment of a justice of the peace rendered on the verdict of a jury in an action for the recovery of specific personal property, where such judgment, exclusive of costs, amounts to less than one hundred dollars.
    Motion for leave to file a petition in error to the District Court of Carroll county.
    
      John II. Tripp, for the motion.
    
      Shober $ Pally, contra.
   By the Court.

The original action was brought by the defendant in error against the plaintiff’ in error to recover the possession of specific persoryal property. The summons in the action was served on the defendant, but the property claimed was not taken under the writ of replevin. The cause, however, proceeded as one for damages only, as authorized by section 150 of the justices code (S. & 0. 796),. and was tried by a jury, who assessed the plaintiff’s damages at $76, for which sum, with costs, judgment was rendered in his favor by the justice. Erom this judgment, the defendant undertook to appeal to the Court of Common Pleas. On motion, the Court of Common Pleas dismissed the appeal. On petition in error prosecuted by the defendant below, the order dismissing the appeal was affirmed by the District Court. The plaintiff in error now seeks a reversal of the judgment of the District Court, and of the Court of Common Pleas.

Held, there was no error in the order of the Common Pieas dismissing the appeal. The right of appeal in such a case was taken away by the act of March 30, 1875 (72 Ohio L. 161), amending section 111 of the justices code, and repealing the original section.

Motion overruled.  