Wadsworth v. Parsons
Ohio Supreme Court
This cause was adjourned in the county of Portage, and came before the court upon the following state of facts: Parsons, the defendant in error, had a judgment against Hart et al., on which he caused an execution to be issued, and put into the plaintiff’s hands, as sheriff of Portage county. The plaintiff levied the ft. fa. on a large quantity of ironware. The property was left in the hands of the judgment debtors, and their bonds taken for its delivery.
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This cause was adjourned in the county of Portage, and came before the court upon the following state of facts: Parsons, the defendant in error, had a judgment against Hart et al., on which he caused an execution to be issued, and put into the plaintiff’s hands, as sheriff of Portage county. The plaintiff levied the ft. fa. on a large quantity of ironware. The property was left in the hands of the judgment debtors, and their bonds taken for its delivery. The plaintiff then advertised the property for sale, and afterward called on the judgment debtors, according to the condition of the bond,…
1Opinion of the Court
Judge Wood
delivered the opinion of the court:
The statute, under which this motion to amerce the plaintiff was made, is section 32 of the “act regulating judgments and executions.” Its language is this : “ That if any sheriff, or other oB ficer, shall refuse or neglect to execute any writ of execution to him directed, and which has come to his hands, or shall neglect or refuse to sell any goods and chattels, such sheriff or other officer shall, on motion, in open court, and two days’ notice thereof, in writing, to be given such sheriff or other officer by the plaintiff or his attorney, be…
2Cited by4 opinions
- In Re BostwickOhio Court of Appeals · 1931
- Raymond v. WhitneyOhio Supreme Court · 1855
- Takacs v. BaldwinOhio Court of Appeals · 1995
- Van Valkenburg v. KingsburyOhio Supreme Court · 1863