Legal Opinion

Shuee v. Ferguson

Ohio Supreme Court

Decided December 15, 1827PublishedCited by 2 opinions

This case was adjourned for decision herefrom Warren county. It came before the court upon a certiorari to reverse an order of the court of common pleas, distributing certain moneys, made upon execution against the defendants. Besides the plaintiff in the case, the Bank of Lebanon and Bank of the United States-were all interested. The common pleas made an order for paying the money to the Lebanon Bank. All the others sued out writs of certiorari. .

1Opinion of the Court

Opinion of the court, by

Judge Burnet:

It appears from the agreed case that the sheriff of Warren holds in his hands a surplus of seven hundred and forty dollars, made on execution against Wm. Ferguson, subject to the claims of other judgment creditors. Motions were made in the court of common pleas for this surplus, on behalf of the assignees of the Lebanon Miami Banking Company; on behalf of the Bank of the United States; on behalf of Thomas Shuee, and on behalf of Jeremiah Emlin, being separate judgment creditors of the said Ferguson. The court of common pleas ordered the money to be paid to…

2Cited by2 opinions

  1. Chappell v. McFarlingBelmont County Court of Common Pleas · 1937
  2. Charbonneau v. RobertsCuyahoga Circuit Court · 1903

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