Legal Opinion

Botkin v. Commissioners of Pickaway County

Ohio Supreme Court

Decided December 15, 1824PublishedCited by 2 opinions

This case came before the court upon a writ of certiorari to bring up certain proceedings before the common pleas of Pickaway county. An action of debt was brought in the name of the commissioners against Botkin, Reliar, and McNeal, securities in a sheriff’s bond. At April term, 1820, judgment was rendered for the plaintiff. Instead of directing execution to issue for the sum due, the judgment was worded to be discharged by the payment of so much money.

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This case came before the court upon a writ of certiorari to bring up certain proceedings before the common pleas of Pickaway county. An action of debt was brought in the name of the commissioners against Botkin, Reliar, and McNeal, securities in a sheriff’s bond. At April term, 1820, judgment was rendered for the plaintiff. Instead of directing execution to issue for the sum due, the judgment was worded to be discharged by the payment of so much money. At July term, 1824, notice was given to the defendants that a. motion would be made to amend the judgment; upon this motion the court of…

1Opinion of the Court

By the Court:

The order of the common pleas of Pickaway county must be-reversed. The court of common pleas have no authority to amend a final judgment at a term subsequent to that in which it is rendered, except in mere matter of form. The alteration made in this judgnent was in a material and substantial, and not, a formal circumstance.

2Cited by2 opinions

  1. Van DeRyt v. Van DeRytOhio Supreme Court · 1966
  2. Brooks v. HarrisonSupreme Court of Alabama · 1841

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