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Union County Civil Cases, 1863-1950
|Partition & Dower Cases||(1863-1950)|
|Probate Related Cases||(1863-1950)|
|Second Trial Cases||(1863-1875)|
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Partition & Dower Cases (1863-1950)
These records contain a record of complaints in partition and/or dower actions in the court of common pleas showing the names of the plaintiff and defendant, complaint and remedy sought, and the decision of the court including orders of sale and confirmation notices.
A partition proceeding is an action whereby the complaint requests the division or real property held jointly or in common by two or more persons into individually owned parcels. A dower action is a proceeding where the wife has the right, upon her husband’s death, to a life estate in one-third of the land that her husband owned. These two types of actions were instituted in the Northwest Territory before Ohio statehood and continue to the present day.
Probate Related Cases (1863-1950)
These records contain a records of complaints in probate related actions in the court of common pleas showing the names of the plaintiff and defendant, complaint and remedy sought, and the decision of the court.
Probate related cases include a variety of probate, testamentary and guardianship related cases including to construe a will, construction of a will, contest a will or to set aside a will. The common pleas court had original jurisdiction in these proceeding along with hearing appeals from the probate court until 1968 when the probate court became part of the general division of the common pleas court.
Second Trial Cases (1863-1875)
These records contain a record of complaints in second trial actions in the court of common pleas showing the names of the plaintiff and defendant, complaint and remedy sought, and the decision of the court.
In 1853, the state legislature took away the power from an individual request a jury trial in District Court when they had already had a jury trial in common pleas court, so as not to overstrain the District Court. However, wishing to retain the right to a second trial the legislature allowed a second new trial to be conducted in common pleas court. In Ohio v. Keppy the court stated:
Previous to this enactment it had been the policy of the State, as a general rule, to afford litigants two trials, of course, upon all issues of fact in civil cases, and the mode adopted was one trial in the court of original jurisdiction, and another in the Appellate Court. This practice, however, resulted in overburdening the Appellate Court to such an extent as to render inefficient the judicial system of the State. To remedy this mischief, and at the same time preserve the right to two trials, was the sole purpose in giving a second trial in the Common Pleas.
This practice continued until February 9, 1875, when the legislature abolished the provision allowing second trials. It was described as being “virtually an appeal from one jury to another, and it is believed to be without a parallel in judicial procedure.”