Lang v. Pike
Ohio Supreme Court
Error to the District Court óf Lucas county. In February, 1867, plaintiff, Lang, recovered a judgment in a justice’s court of Lucas county against Joseph Pfeffer .and Sabina Pfeffer for $39.35, and costs of suit. Desiring to appeal the action to the Court of Common Pleas, they jointly procured L. II.
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Error to the District Court óf Lucas county. In February, 1867, plaintiff, Lang, recovered a judgment in a justice’s court of Lucas county against Joseph Pfeffer .and Sabina Pfeffer for $39.35, and costs of suit. Desiring to appeal the action to the Court of Common Pleas, they jointly procured L. II. Pike, the present defendant, to become their surety on the docket of the justice for appeal, the undertaking is in conformity to the statute, and is as follows: ' “ Whereas, on the 12th day of February, 1867, the said Frederick Lang obtained a judgment against the said Joseph .and Sabina Pfeffer,…
1Opinion of the CourtAshburn, J.
The record in this case presents but a single question for the decision of the court, namely: Where there is a joint judgment against two defendants, and both appeal to the Court of Common Pleas, and in that court judgment is rendered against one of the defendants only, is the surety of both, on the undertaking for appeal, liable for the payment of such judgment ?
The District Court answered this question in the negative, and, we think, correctly. No principle is more firmly .settled in this state than this, that sureties may stand on the very terms of a statutory bond or undertaking. So…
2Cases cited1 opinion
- Seacord v. MorganNew York Supreme Court · 1859