Green v. Coit
Ohio Supreme Court
Error to the Circuit Court of Portage county. The plaintiff in error, Henry Green, was the plaintiff in an action commenced in the common pleas of Portage, .August 21, 1907, against the defendant in error Bina Coit. The action was to enforce an alleged lien by attachment upon certain real estate in the villag'e of Mantua, in Portage county. The cause was tried on appeal, and upon appropriate pleadings, in the circuit court.
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Error to the Circuit Court of Portage county. The plaintiff in error, Henry Green, was the plaintiff in an action commenced in the common pleas of Portage, .August 21, 1907, against the defendant in error Bina Coit. The action was to enforce an alleged lien by attachment upon certain real estate in the villag'e of Mantua, in Portage county. The cause was tried on appeal, and upon appropriate pleadings, in the circuit court. From the bill of exceptions and the findings of the court the following controlling. facts are established: Qn September 3, 1903, one Lillian Kugler was a non-resident of…
1Opinion of the CourtSpear, J.
The questions presented by the record are: 1. Is it the duty of the sheriff, when he levies an attachment upon the property of the defendant, to-show by his return a full compliance with 'the provisions of the statute defining his duties concerning the levy of attachments? and 2. If it is, does the return in the present case indicate such comnliance with those requirements as to show a valid attachment and thus give to the court from which it issued dominion over the property sought to be attached?
*285We answer the first question in the affirmative and the other in the negative. Attachment is an…
2Cases cited5 opinions
- Porter v. PicoCalifornia Supreme Court · 1880
- Bohart v. AtkinsonOhio Supreme Court · 1846
- Benjamin v. SheaSupreme Court of Iowa · 1891
- Crizer v. GorrenMississippi Supreme Court · 1867
- Rankin v. DulaneyMississippi Supreme Court · 1870