Ryan v. Carter

This case involves the seldom-used remedy of amercement, which is described in R.C. Chapter 2707. While it is questionable why this archaic procedure remains, this court will enforce R.C. Chapter 2707 until the General Assembly removes it from the books.

To amerce is to punish. 1 Oxford English Dictionary (2 Ed.1989) 396-397. R.C. 2707.01 delineates when an action for amercement is appropriate. The statute provides:

“If an execution or order of sale directed to an officer comes to his hands to be executed, and he neglects or refuses to execute it * * *, on motion in court, and notice thereof,…