Bulkley v. Stephens
Ohio Supreme Court
Motion for leave to file a petition in error to the District Court of Cuyahoga county. This was an action upon a supersedeas bond, brought by the plaintiff in error against the defendants in error, in the Court of Common Pleas of Cuyahoga county.
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Motion for leave to file a petition in error to the District Court of Cuyahoga county. This was an action upon a supersedeas bond, brought by the plaintiff in error against the defendants in error, in the Court of Common Pleas of Cuyahoga county. The petition alleges that the plaintiff had recovered a judgment, in the Superior Court of Cleveland, against defendants Joseph B. Stephens, M. L. Hull, and Milo B. Stephens, for the sum of $5,769.35, and costs; that the defendant, Joseph B. Stephens, filed a petition in error, in the district court of said county, against the plaintiff in error, to…
1Opinion of the CourtWelch, C. J.
We think the common pleas was right in holding these defenses insufficient, and that the district court erred in reversing the judgment.
Prior to 1810 the statutory condition of a supersedeas bond was, that the plaintiff in error would “ prosecute his writ of error to effect, and abide the judgment of the court thereon.” Ever since 1810 the statutory condition required in cases of money judgments has been, as it still is, to the effect “ that the plaintiff in error will pay the condemnation money and costs, in case the judgment or final order shall be affirmed in whole or in part.”
As early as…
2Cited by6 opinions
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Mayes v. Paul Jones & Co.Court of Appeals for the Sixth Circuit · 1921
- Dimmitt v. State Ex Rel. MilburnOhio Supreme Court · 1925
- Cunningham v. Bessemer Trust Co.Ohio Court of Appeals · 1931
- District Lodge 34, Lodge 804 International Ass'n of MacHinists v. L. P. Cavett Co.Ohio Court of Appeals · 1959
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