Legal Opinion
Stern v. Cols. Mutl. Life Ins. Co.
Ohio Court of Appeals
Decided June 15, 1931No. 11788PublishedCited by 5 opinions
1Opinion of the Court
MAUCK, PJ.
The plaintiff in error insists that in proceedings in aid of execution it is the right of the judgment debtor to avoid such proceedings by showing that there is property upon which a levy may.be made, notwithstanding the sheriff’s execution and return of nulla bona.
In support thereof he cites Lee v Harback, 2 O. D. R., 361 and Bank v Oliver, 1 Disney, 159.
Those cases, however, do not go to proceedings in aid of execution but to proceedings in the nature of a creditor’s bill. The two are quite different in nature and effect. Akron Chapter v Reed, 24 Oh Ap 192.
Proceedings in the…
2Cases cited1 opinion
- American Ins. Union v. ReadOhio Court of Appeals · 1927
3Cited by5 opinions
- Edmonston v. SiskCourt of Appeals for the Tenth Circuit · 1946
- Morris Plan Co. of R.I. v. KatzSupreme Court of Rhode Island · 1937
- Olive Branch Holdings, L.L.C. v. Smith Technology Development, L.L.C.Ohio Court of Appeals · 2009
- Watkins v. BreyfogleOhio Court of Appeals · 1938
- Fidelity-Philadelphia Trust Co. v. Miller, Pennsylvania Court of Common Pleas, Philadelphia County1937