Pugh v. Calloway
Ohio Supreme Court
Error to the district court of Hardin county. Samuel Calloway being, on the 15th day of October, 1856, constable of Pleasant township, Hardin county, Ohio, received on that •day two executions issued by a justice of the peace of said township, for $212.82 each, and on the *same day levied said executions, as he claims, upon the goods in controversy, leaving them with the ■debtor, and taking a bond for their redelivery.
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Error to the district court of Hardin county. Samuel Calloway being, on the 15th day of October, 1856, constable of Pleasant township, Hardin county, Ohio, received on that •day two executions issued by a justice of the peace of said township, for $212.82 each, and on the *same day levied said executions, as he claims, upon the goods in controversy, leaving them with the ■debtor, and taking a bond for their redelivery. On the 17th day of the same month, Day Pugh, being then .sheriff of said county, received three executions, issued from the •court of common pleas of said county, amounting in…
1Opinion of the CourtGholson, J.
The petition in this case concludes with a claim for •damages for the detention of property; and the omission of a claim for the value of the property, or of the plaintiff’s interest, is alleged as a fatal defect. The property, though taken by the officer, was returned upon the not giving an undertaking in pursuance of the provisions of the code. Secs. 179-181. The code also provides, that when the property claimed has not been taken, or has been returned to the defendant by the sheriff, for want *of the undertaking required by section 179, the action may proceed as one for damages only, and…
2Cases cited6 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Connah v. HaleNew York Supreme Court · 1840
- Wood v. VanarsdaleSupreme Court of Pennsylvania · 1832
- Roebuck v. ThorntonSupreme Court of Georgia · 1855
- Jayne v. DillonMississippi Supreme Court · 1854
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