¶1As the commissioners may be appointed upon the application of either party, it must be considered as a separate proceeding, in which the party prevailing is entitled to his costs. In this case the application having been made by the defendant, in whose favor judgment has been rendered upon it, the court are of opinion that the costs must follow that judgment, and that an order be entered on George T. Cotton, lessor of the plaintiff, to pay the costs in question.
1 Ohio 156
Martin's Case
Decided December 15, 1823
Ohio Supreme Court · decided 1823-12-15
George P. Cotton prosecuted ejectments against Samuel G. Martin, which were finally tried in-the supreme court of Clinton county. Martin set up title in himself, but Cotton recovered. Application was then made by Martin for the appointment of commissioners to value his improvements, under the provisions of the law for the relief of occupying claimants of land:' This application was sustained.
Decided 1823-12-15