Gilmore v. Miami Exporting Co.
Ohio Supreme Court
This cause was adjourned from the Supreme Court of Hamilton county. It was a bill in chancery, under section 59 of the statute regulating proceedings in chancery, to charge debts due from the other defendants to the Miami Exporting Company, with the payment of a judgment obtained by the complainants against the company.
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This cause was adjourned from the Supreme Court of Hamilton county. It was a bill in chancery, under section 59 of the statute regulating proceedings in chancery, to charge debts due from the other defendants to the Miami Exporting Company, with the payment of a judgment obtained by the complainants against the company. Upon one judgment no execution had been sued out; upon the other, execution had issued, was returned nulla bona, and levied upon real estate, which, upon a vendí, had been sold for a very small sum. No new ft. fa. had been taken. The bill did not charge that execution had been…
1Opinion of the Court
*The Court overruled the demurrer.
Judge Burnet
being a stockholder in the Miami Bank did not sit in the cause. Judge Sherman dissented. A majority of the judges not uniting in the opinion, no reasons were given.†
Note by the Editor. — That execution need not issue before creditor’s bill will be entertained, see also vi. 227.
2Cited by2 opinions
- Bomberger v. TurnerOhio Supreme Court · 1862
- Palumbo v. Indust. Comm.Ohio Court of Appeals · 1941