Myers v. Smith
Ohio Supreme Court
Error to tbe Superior Court of Cincinnati. The defendants in error sued the plaintiff m error, Myers, on a judgment recovered by them against him in the Cir- ' nit Court of Kanawha county, West Yirginia.
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Error to tbe Superior Court of Cincinnati. The defendants in error sued the plaintiff m error, Myers, on a judgment recovered by them against him in the Cir- ' nit Court of Kanawha county, West Yirginia. The defendant being a non-resident of the state, an attachment was issued against his property ; and on affidavit filed in accordance with section 200 of the code, Miles Greenwood and others, trustees of the Cincinnati Southern Railroad, were garnisheed as being indebted to the defendant, and as having property of his in their possession. The attachment was issued November 12, 1875, and was…
1Opinion of the CourtWhite, J.
It appears from the record that after the issuing of the attachment, and service upon the garnishees, the defendant gave-bond, with surety to the acceptance of the coui’t, for the discharge of the attachment.
Tlie giving of the bond or undertaking is provided for by section 212 of the code; and the effect of the undertaking, when given, is also prescribed.
The condition is required to be “to the effect that the defendant shall perform the judgment of the court.” On the giving of the undertaking, it is declared that “ the attachment in such action shall be discharged, and restitution made of any…
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