Reid v. Quigley (16 Ohio 445, 1847)

Birchard, C. J.

The question first presented is, can a stranger or third person interfere to remove a case by appeal from the common pleas to the Supreme Court? This declaration and the bond set forth on oyer shows that Reid, one of tho defendants below, volunteered, of his own motion, to appeal the cause of Quigley v. Cummins. There is nothing in the record to show that this was not the sheer intermeddling of a stranger. Section 109 of practice act (Swan, 682) provides that, in order to remove a cause by appeal, tho party desirous of appealing shall enter notice on *the record of such intention, and within thirty days from the rising of tho court shall enter into bonds to the adverse party, with one or more good and sufficient sureties, etc.

This is the only law which gives an appeal in any case, and this only enables the party to appeal from a judgment of an inferior court to