Dawson v. Holcomb
Ohio Supreme Court
This case came before the court, consisting of Judges Hitch.•cock and Burnet, at the May term, 1824, in Gallia county. It appeared from the record, that Dawson recovered these judgmerits, against Joseph Fletcher, in the Supreme Court, which were regularly certified to the common pleas, with a special mandate to carry them into execution.
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This case came before the court, consisting of Judges Hitch.•cock and Burnet, at the May term, 1824, in Gallia county. It appeared from the record, that Dawson recovered these judgmerits, against Joseph Fletcher, in the Supreme Court, which were regularly certified to the common pleas, with a special mandate to carry them into execution. That, on the 14th of December, 1822, executions were issued thereon, and put into the hands of the defendant, Holcomb, who was sheriff of Gallia county, to be executed. At the May term following, Holcomb returned the executions, with an indorsement that he…
1Opinion of the Court
^Opinion of the Court :
We see nothing in this case that could protect the sheriff against the motion to amerce. By the terms of the writ of execution, he was not merely commanded to make the money, but to have it before the judges on the return day, to satisfy the plaintiff. In strictness of law, he was not at liberty to pay it over to the judgment creditor before he brought it into court, and although this-is often done with impunity, yet it- is always at the risk of the officer, and if a third person should appear from the record to-have an equitable right to the money, it would become a…
2Cases cited1 opinion
- Ross v. ClarkeSupreme Court of the United States · 1788
3Cited by2 opinions
- Norton v. ClarkNevada Supreme Court · 1884
- State ex rel. Kansas City National Bank v. BootheSupreme Court of Missouri · 1878