Page:The Green Bag (1889–1914), Volume 07.pdf/138

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A Sketch of the Supreme Court of Ohio. quo warranto,' could not stay the execution of a decree, except upon a bill of review,1 had no jurisdiction in probate matters,3 was without power to allow or dissolve an in junction,4 or enjoin proceedings in chancery in the common pleas courts.5 It was held by the court in 1849, that its original juris diction in cases at law was taken away by the act of March 1 2, 1 845.6

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of the decisions made by them. The most important and difficult task of formulating the foundation of the system of law for the future development and establishment of one of the four greatest states of the Union fell to the lot of the thirty jurists whose fortune it was to occupy the supreme bench from the formation of the state to the date of the adoption of the Con stitution of 1851, when the modern and In the twenty-ninth perfect code system year of the life of the of practice and pro state the need was cedure was inaugu .felt for a reviewing rated which marks court, pure and sim the fourth and last ple, so that uniformi epoch of this sketch. ty of decision should prevail for future pre Can we compre cedent and guidance. hend the magnitude The Legislature, of the task performed therefore, in its wis by those early ex dom, passed an act, pounders of our judi March 10, 1831, es cial system, consider tablishing what was ing the importance termed a Court in of principles of law Bank. This required established, indepen the judges to hold a dently of manual general ' session at labor involved? Columbus once each Only the close stu year for the hearing dent of the early of causes which had Ohio decisions can been reversed by the fully appreciate it. judges upon the cir Each state in a large cuit. From this en measure is indepen actment dates the first dent of its sister state REUBEN WOOD. court of last resort, so far as concerns its as now regarded, in the state, at which time system of law. In the establishment of a sys the first steps were taken towards official tem of law, one state may lean upon an elder reporting of adjudications. Those who have sister state and on the mother country; but the circumstances, conditions, and demands not made a close study of the judicial his tory of the state may not have an adequate of its people may require the adoption of dif ferent principles, and thus was independence conception of the vast amount of work ac of thought required. The rules of law of complished by the judges under the Consti tution of 1802, or of the great importance other jurisdictions having no binding force 1 Ohio R.R. Co. v. State, 10 O. 360. 2 Way v. Hillicr, or validity per sc within a state until adopted, 16 O. 105. ' Jos. Hunter's Will, 6 O. 499. 4 Griffith v. the duty was therefore imposed upon the Commissioners, 20 O. 609. 5 Merrill v. Lake 16 O. 373. early judicial bench of last resort to make

  • Vol. 43, p. 81, Sec. 9; 7, W. L. J. 221.