Weyer v. Zane
Ohio Supreme Court
This was a scire facias, to revive and have execution of a judgment recovered by the plaintiff, against the defendant, in the court of common pleas of Belmont county, at December term, 1813. The scire facias recited, that at the December term, 1813, a judgment was recovered against Anthony Weyer, then sheriff of Belmont county, upon a motion to amerce, at the suit of Sterling Johnson, for not.collecting and paying the amount of an execution put into his hands, at the suit of…
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This was a scire facias, to revive and have execution of a judgment recovered by the plaintiff, against the defendant, in the court of common pleas of Belmont county, at December term, 1813. The scire facias recited, that at the December term, 1813, a judgment was recovered against Anthony Weyer, then sheriff of Belmont county, upon a motion to amerce, at the suit of Sterling Johnson, for not.collecting and paying the amount of an execution put into his hands, at the suit of Johnson v. Zane. The scire facias then proceeded to recite, that at the same term the said sheriff “ obtained a…
1Opinion of the Court
By the Court :
The demurrer assumes that the judgment set forth in the scire facias is so utterly irregular as to be absolutely void and of no effect. We can not adopt this opinion. The court that rendered it was a court of competent jurisdiction over both parties and subject. However summary their proceedings, or however irregular, the solemn judgment of a competent and authorized tribunal can not be treated as a nullity. There is an explicit and formal judgment, and, although the proceedings upon which it is predicated, may be unknown to our jurisprudence, still, as in all other judgments,…
2Cited by1 opinion
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