Executors of Waymire v. Staley
Ohio Supreme Court
This was originally an application to the court of common pleas of Montgomery county, to distribute moneys made upon execution by the sheriff among different claimants. It was brought before this court by certiorari, and adjourned here for decision from, the Supreme Court sitting in Montgomery county. The case was this: At February term, 1823, Andrew Staley obtained judgment against Daniel Yount for five hundred and five dollars and fifty-four cents, debt and costs.
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This was originally an application to the court of common pleas of Montgomery county, to distribute moneys made upon execution by the sheriff among different claimants. It was brought before this court by certiorari, and adjourned here for decision from, the Supreme Court sitting in Montgomery county. The case was this: At February term, 1823, Andrew Staley obtained judgment against Daniel Yount for five hundred and five dollars and fifty-four cents, debt and costs. Fi. fa. issued March, 1823, and returned stayed, by plaintiff’s order, and was regularly issued to each succeeding term, and…
1Opinion of the Court
By the Court :
This case is decided, we conceive, by the judgment of this court, in the cases of McCormick v. Alexander, and Patton v. Sheriff of Pickaway. Waymire’s judgment is the only one, of all who contend for this money, that was levied on the property in question within the year. By section 17 of the act of 1824, a preference is secured to it, because none of the other judgments were levied on this property within one year from the time they were rendered. In Patton’s case, it is settled that a levy upon other property does not take the case out of the provisions of section 17 *and we…
2Cited by3 opinions
- Flege v. Akron City Hospital (In Re Flege)United States Bankruptcy Court, N.D. Ohio · 1982
- Chappell v. McFarlingBelmont County Court of Common Pleas · 1937
- Charbonneau v. RobertsCuyahoga Circuit Court · 1903