Thompson v. Atherton
Ohio Supreme Court
This case was adjourned from the county of Hamilton. It was a certiorari to reverse an order of the court of common pleas of Hamilton county, distributing certain moneys, made by the sheriff, upon execution. The controversy arose upon the following state of facts: At March term, 1824; of the court of common pleas of Hamilton, John Thompson, as administrator of R. Scoggins, recovered a judgment against Joel Scoggins.
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This case was adjourned from the county of Hamilton. It was a certiorari to reverse an order of the court of common pleas of Hamilton county, distributing certain moneys, made by the sheriff, upon execution. The controversy arose upon the following state of facts: At March term, 1824; of the court of common pleas of Hamilton, John Thompson, as administrator of R. Scoggins, recovered a judgment against Joel Scoggins. Upon this, a writ of ft. fa. was regularly issued from term to term, the last of which was dated March 3, 1832; and, on the 14th of the same month, was levied on certain real…
1Opinion of the CourtCollett, C. J.
In the case of the Urbana Bank v. Baldwin, 3 Ohio, 65, this court decided, that where a suit was pending at the commencement of a term, the judgment rendered on any subsequent day of the term related back to, and attached its lien, as of the first day of the term. In that case, Baldwin was a bona fide purchaser, after 31] the commencement of the term, but before +Mie day the judgment was confessed. The lien of the judgment was held to attach against him.
Subsequent to this adjudication, the legislature enacted the law under which this case is presented. Section 2 provides, “ that the *33lands and…
2Cited by2 opinions
- Chappell v. McFarlingBelmont County Court of Common Pleas · 1937
- Charbonneau v. RobertsCuyahoga Circuit Court · 1903