McCormick v. Alexander
Ohio Supreme Court
This cause was certified from the Supreme Court of Clark county. It was an action against the sheriff, and the question in controversy was who, of several parties, was entitled to a sum of money made upon execution. The facts of the case, as agreed between the parties, were as follows: Several judgments had, at different periods of time, been rendered against the same defendant.
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This cause was certified from the Supreme Court of Clark county. It was an action against the sheriff, and the question in controversy was who, of several parties, was entitled to a sum of money made upon execution. The facts of the case, as agreed between the parties, were as follows: Several judgments had, at different periods of time, been rendered against the same defendant. The first for the Urbana Bank, November term, 1820, upon which a fi. fa. issued May, 1821, and another in February, 1822, both of which were returned, no goods, but not levied upon land. A second judgment, for the…
1Opinion of the Court
The opinion of the court, by
Judge Hitchcock :
In the consideration of this case, I lay out of view the judgments recovered by the Bank of Columbus. The first of these was not followed by an execution sued out and levied in due time; the second was not obtained until after the judgments both of Evans and McCormick.
From the facts agreed in the case, it appears that Joseph Evans, at the March term, 1821, of the court of common pleas, for the county of Clark, recovered judgment against Jonah Baldwin, for the sum of --. To enforce collection, on November 18, 1822, he sued out his writ of fi.fa. et…
2Cited by3 opinions
- Shover v. Cordis Corp.Ohio Supreme Court · 1991
- Chappell v. McFarlingBelmont County Court of Common Pleas · 1937
- Charbonneau v. RobertsCuyahoga Circuit Court · 1903