Arnold v. Heirs
Ohio Supreme Court
This was a scire facias, brought before the supreme court in Gallia county, at the May term, 1824, by appeal from the common pleas. The facts of the case were these: At the August term, 1813, Samuel Green Arnold, obtained judgment against Sylvester Fuller, for $468.95 damages, and cost of suit. On the 8th July, 1814, an execution issued to David Ridgeway, sheriff of Gallia, which was returned no goods.
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This was a scire facias, brought before the supreme court in Gallia county, at the May term, 1824, by appeal from the common pleas. The facts of the case were these: At the August term, 1813, Samuel Green Arnold, obtained judgment against Sylvester Fuller, for $468.95 damages, and cost of suit. On the 8th July, 1814, an execution issued to David Ridgeway, sheriff of Gallia, which was returned no goods. On the 28th October, 1814, an alias ft. fa. et lev. fa. issued to the same sheriff, who returned that he had levied on one hundred acres of land, being lot No. 730, of town one, range fifteen,…
1Opinion of the Court
Opinion of the court, by
Judge Burnet :
Several questions are presented in this case: 1. Did the writ ■of error and supersedeas avoid and vacate the execution and levy, so as to render it a nullity, or did it merely stay the proceedings of the sheriff. 2. If the latter, did the order of the court, quashing the vend. expo, and setting aside *the appraisement, n-ffect the lev. fa. and the levy made thereon. 3. If the supersedeas merely stayed the proceedings, was the execution of November 28, 1818, and the sale made thereon, merely irregular, or altogether void, so as to entitle the plaintiff to…
2Cases cited2 opinions
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
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