Carpenter v. Warner
Ohio Supreme Court
Error to the District Court of Pichaway couuty. The original action was brought by defendant in error against John Wehe, B. C. Carpenter and Jethro Denton, on the official bond of Wehe as justice of the peace. Said bond was conditioned that said Wehe should -well and truly perform every ministerial act enjoined upon him by law, by virtue of said office.
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Error to the District Court of Pichaway couuty. The original action was brought by defendant in error against John Wehe, B. C. Carpenter and Jethro Denton, on the official bond of Wehe as justice of the peace. Said bond was conditioned that said Wehe should -well and truly perform every ministerial act enjoined upon him by law, by virtue of said office. The breach of the bond alleged whs the failure of the justice to issue execution upon a judgment recovered by the plaintiff before said justice against one Ross for $101.90, upon the failure of the judgment debtor to put in stay bail. Several…
1Opinion of the CourtMcIlvaine, J.
In Gaylor v. Hunt, 23 Ohio St. 255, it was decided “that the neglect of a justice of the peace to issue an execution when required by law, is the breach of a ministerial duty for which an action may be maintained by the judgment creditor on his official bond. The measure of damages is not necessarily the amount for which the execution should have issued, but the loss suffered by the creditor from the neglect.” And in speaking of the measure of damages, it is said in the opinion: “ If the judgment debtor be insolvent, and thus the issuing of the execution could not have benefited the creditor,…
2Cases cited1 opinion
- Arndt v. ArndtOhio Supreme Court · 1846