Harris v. Carlisle
Ohio Supreme Court
This is a Bill in Chancery, from Ross county. At the November term, 1821, of Ross county Common Pleas, Samuel B. Harris recovered a judgment against John Carlisle for $1700. From this judgment Carlisle appealed to the Supreme Court, and Wm. H. Douglas went his security on the appeal bond.
Read the full summary
This is a Bill in Chancery, from Ross county. At the November term, 1821, of Ross county Common Pleas, Samuel B. Harris recovered a judgment against John Carlisle for $1700. From this judgment Carlisle appealed to the Supreme Court, and Wm. H. Douglas went his security on the appeal bond. On the 14th of December, 1822, Harris, on this appeal, got judgment, in the Supreme Court, against Carlisle for $1584.92 damages, $110.94 penalty, and 25.73 costs — in all, $1721.69. This judgment not being paid, Harris sued Douglas, on the bond, and on the 12th of March, 1824, recovered a judgment against…
1Opinion of the Court
*Read, Judge.
Was it competent for Douglas to pay off the judgment recovered by Harris against Carlisle, and have this bill prosecuted for his benefit ? It is contended that the bill died when the judgment was paid, because its object was to produce that very result; so that nothing remained to Douglas but a money demand .against John Carlisle. If the bill fastened an equity in the hands of Andrew Carlisle, for the satisfaction of the judgment, it is consistent with the plainest rights of a surety, bound for the payment of the judgment, to claim that such equitable assets should be applied to…
2Cited by31 opinions
- Forest City Investment Co. v. HaasOhio Supreme Court · 1924
- Ray v. City Bank & Trust Co. of Natchez, MississippiDistrict Court, S.D. Ohio · 1973
- Pierce v. EngelkemeierSupreme Court of Oklahoma · 1900
- Wholesale Electric & Supply, Inc. v. RobuskyOhio Supreme Court · 1970
- Smith v. PinneyNebraska Supreme Court · 1873
26 more not listed; retrieve them via the Exa API.