Wells v. Benefield
Ohio Supreme Court
Debt upon an appeal bond. Plea, that execution had been sued out on the judgment against the principal debtor, which was levied upon 200 cords of bark, of value more than sufficient to satisfy the judgment, and which remained on hand unsold. Replication, that all the property levied upon was sold, and was sufficient to satisfy the judgment. On this replication issue was joined.
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Debt upon an appeal bond. Plea, that execution had been sued out on the judgment against the principal debtor, which was levied upon 200 cords of bark, of value more than sufficient to satisfy the judgment, and which remained on hand unsold. Replication, that all the property levied upon was sold, and was sufficient to satisfy the judgment. On this replication issue was joined. To prove the issue for the defendant, he offered in evidence a writ of fi. fa. with a levy upon 200 cords of bark, returned upon it by the sheriff, which remained unsold for want of time. The jfiaintiff then offered a…
1Opinion of the Court
BY THE COURT.
The evidence is inadmissible. The return of the levy binds the officer, at least until set aside or explained by-evidence. The court from which the process issued might on proper evidence permit the return to be amended. Or possibly this court would hear evidence to explain a return on an execution offered in evidence, but the matter now offered is no evidence. It is but a certificate of a sheriff made to exonerate himself from liability. He had no authority to make such a return.
The plaintiff submitted to a non suit.
2Cited by1 opinion
- Bruner's AppealSupreme Court of Pennsylvania · 1868