Noble v. Markley
Ohio Supreme Court
Soiee eacias, to make securities whose names are endorsed upon a writ liable for costs. A declaration upon a scire facias has been filed, and particularly states the plaintiff’s case, to which there are several pleas. 1. Nul tiel record in the Supreme Court, of the summons, judgment, and appeal.
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Soiee eacias, to make securities whose names are endorsed upon a writ liable for costs. A declaration upon a scire facias has been filed, and particularly states the plaintiff’s case, to which there are several pleas. 1. Nul tiel record in the Supreme Court, of the summons, judgment, and appeal. Replication : there is such record, on which issue is taken. 2. That Tice (the original defendant) was a resident of the county where the writ was sued out, in 1826, and continued to reside in the county, till 1828; and that the writ was not endorsed by the *defendants untilafter its service and…
1Opinion of the CourtLane, J.
The only question here, is, whether a voluntary endorsement of a writ for costs, after its return, imposes an obligation *180upon the security whicli can be enforced by a scire facias? The statute in force, when this writ was endorsed (22 O. L. 50), provides that when the plaintiff is not a resident or freeholder in the county, the writ shall be endorsed by some resident freeholder, as security for costs, before the clerk shall deliver the same to the plaintiff, and that the person so endorsing shall thereby be bound, and liable to pay all costs, &c., in the Court of Common Pleas and Supreme…
2Cited by2 opinions
- Appeal of McCandlessSupreme Court of Pennsylvania · 1881
- Bailey & Pott v. CommonwealthSupreme Court of Pennsylvania · 1862