Darling v. Peck
Ohio Supreme Court
This is a Writ 01? Error to the Court of Common Pleas of Wood County. The record shows that on the 28th June, 1842, the defendants in error recovered a judgment against Darling for one hundred dollars debt, besides costs; that on the 19th October, 1843, execution was issued on that judgment, and levied on property which was not sold for want of bidders; that on the 22d November, 1843, a vendi. issued, but the constable, being still unable to sell the property, took from the…
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This is a Writ 01? Error to the Court of Common Pleas of Wood County. The record shows that on the 28th June, 1842, the defendants in error recovered a judgment against Darling for one hundred dollars debt, besides costs; that on the 19th October, 1843, execution was issued on that judgment, and levied on property which was not sold for want of bidders; that on the 22d November, 1843, a vendi. issued, but the constable, being still unable to sell the property, took from the defendant in the execution, and the other plaintiffs in error, a bond under the statute then in force, to the’…
1Opinion of the Court
Birchard, • J.
The second' érror assighéd -is,- that the bond was void ; the -third,- that there was -po -breach of it-.The bond ■ was executed in-pursuance of. the 4 th section of the act passed January 19, 1843, (O: U. vol. 41, page. 3.0,) which, act expired’ by its terms of. limitation on the first, day. of March, ,1845, The first-three, sections of ’the-act provide for the' appraisemen't of personal property levied on execution,-and'.also, that .it shall *68not be sold for less than two-thirds of its appraised value. fourt¡1 section provides “ that when the goods or chatties ” “ levied and…
2Cited by24 opinions
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- Prescott National Bank v. ButlerMassachusetts Supreme Judicial Court · 1893
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