State ex rel. Mount Pleasant Bank v. Conway
Ohio Supreme Court
This is a scire facias reserved in Morgan county. The action is commenced by the Mount Pleasant Bank, which seeks to be made party to, and have execution upon, a judgment rendered by this court, at the November term, 1843, in the county of Morgan, at the suit of the State of Ohio, for the use of Nathaniel Haines, against the defendants, as the securities of Charles E. Alden, former sheriff of said county of Morgan, upon his official bond.
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This is a scire facias reserved in Morgan county. The action is commenced by the Mount Pleasant Bank, which seeks to be made party to, and have execution upon, a judgment rendered by this court, at the November term, 1843, in the county of Morgan, at the suit of the State of Ohio, for the use of Nathaniel Haines, against the defendants, as the securities of Charles E. Alden, former sheriff of said county of Morgan, upon his official bond. The writ bears date September Id, 1849. To this scire facias the defendants pleaded in several pleas, that the causes of action set forth in the breaches…
1Opinion of the CourtHitchcock, C. J.
This scire facias is prosecuted pursuant to the second section of the act of February 23, 1816, “ pointing out the manner in which suits may be prosecuted, on the bonds of executors, administrators and officers.” Swan’s Stat. 162.
The first section of the act authorizes any person who shall be injured by the misconduct of an officer, within the state, to institute a suit in the name of the obligee of the official bond of such officer, for the use of the person injured, against the officer and his securities, and to recover judgment for the amount of the bond; upon which judgment an execution…
2Cases cited1 opinion
- Cooper v. MowryMassachusetts Supreme Judicial Court · 1819
3Cited by24 opinions
- Gallatin County v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1914
- City of Dayton v. JacobsOhio Supreme Court · 1929
- Towns v. City of Sioux CitySupreme Court of Iowa · 1932
- Ohio River & W. Ry. Co. v. DitteyDistrict Court, S.D. Ohio · 1913
- Clancy v. Cleveland Trust Co.Ohio Supreme Court · 1951
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