Cass v. Adams
Ohio Supreme Court
This was an action of debt upon a bond given to perfect an appeal from the court of common pleas to the Supreme Court. The declaration recited the condition of the bond, and set-out, that upon the appeal in the original case, judgment was rendered for the appellee for a specific sum, which remained unpaid.
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This was an action of debt upon a bond given to perfect an appeal from the court of common pleas to the Supreme Court. The declaration recited the condition of the bond, and set-out, that upon the appeal in the original case, judgment was rendered for the appellee for a specific sum, which remained unpaid. The defendants pleaded that, after the judgment rendered in the Gase appealed, and before the commencement of this 'suit, the plaintiff sued out a writ of fi.fa. and put it into the hands of the sheriff, who levied it upon the goods of the judgment debtor, to a large amount, and returned…
1Opinion of the Court
By the Court:
The appeal bond is given expressly to secure the payment of the sum that may be recovered upon the appeal, and we incline to the opinion that whatever can -be deemed a legal satisfaction of the judgment is a bar to an action on the bond, although the' money is not actually paid. The arrest of the defendant upon a ca. sa. is a satisfaction, though no money bo paid. So is the levy of an execution upon goods or land, whilst the levy is in force and undisposed of. These principles are well settled. And the circumstances of our peculiar law, when the levy was made, does not wary the…
2Cited by1 opinion
- Mayo v. Williams' Adm'rOhio Supreme Court · 1848