Rankin v. Hannan
Ohio Supreme Court
Error to the District Court of Gallia County. . The only error assigned for a reversal of the judgment is, that the district court erred in dismissing an appeal by plaintiffs in error, from a judgment rendered against them in the court of common picas.
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Error to the District Court of Gallia County. . The only error assigned for a reversal of the judgment is, that the district court erred in dismissing an appeal by plaintiffs in error, from a judgment rendered against them in the court of common picas. It is essential to a clear understanding of this question, that a full statement should be made of the issues joined, and of the matters heard and determined befoi’e the master and in the court of common pleas, from'which an appeal was sought. The petition of defendant in error, plaintiff below, states as a cause of action, that at the May…
1Opinion of the CourtJohnson, J.
The judgment rendered against the plaintiffs in error, and in favor of Isaac Carter, may be regarded as two judgments: 1st. A judgment at law for money; and, 2nd. A judgment in equity for the sale of real estate for the amount found due in the judgment at law, to satisfy the debt.
It was not the object of the petition to revive the money judgment, for it is not suggested that it was dormant. It would become dormant in one of two ways only; either by the death of Isaac Carter, the judgment creditor, or by failure to sue out, execution for five years. Unless it had become dormant there, was no…
2Cases cited1 opinion
- Ludlow v. O'NeilOhio Supreme Court · 1876