Bancroft & Co. v. Talbott
Ohio Supreme Court
Motion for leave to file a petition in error to the District Court of Belmont county. The plaintiffs in error brought their action against the defendants in error before' a justice of the peace, for goods sold and delivered, and at the same time procured an order of attachment upon an affidavit, showing, among other things, that the defendants had disposed of part of their property with intent to defraud creditors.
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Motion for leave to file a petition in error to the District Court of Belmont county. The plaintiffs in error brought their action against the defendants in error before' a justice of the peace, for goods sold and delivered, and at the same time procured an order of attachment upon an affidavit, showing, among other things, that the defendants had disposed of part of their property with intent to defraud creditors. The defendants, afterward and before judgment, moved the court to discharge the attachment on the ground that the charge of fraud on which the attachment was issued was not true.…
1Opinion of the Court
By the Court.
Two questions have been discussed in this case, each of which, it may be said, is important and difficult.
1. Has a justice of the peace power to discharge an at*541taehment issued by him, on the ground that the affidavit upon which it was issued is untrue ? If authorized to do so by statute, the authority must be found in section 202 of the justices code (S. & C. 804), which provides: “The provisions of the act entitled 1 an act to establish a code of civil procedure,’ passed March -11, 1853, which are in their nature applicable to the jurisdiction and proceedings'before justices,…
2Cited by5 opinions
- Baer, Harkeimer & Co. v. OttoOhio Supreme Court · 1877
- Bernard v. SchwartzOhio Circuit Courts · 1901
- Crain v. BodeWyoming Supreme Court · 1895
- Squires v. MartinOhio Circuit Courts · 1904
- Squires v. MartinCoshocton Circuit Court · 1891