Newburg v. Munshower
Ohio Supreme Court
Motion for leave to file a petition in error to reverse tbe judgment'of the District Court of Lawrence county. The original action was brought by the plaintiffs in error against the defendant in error, to recover the amount of an execution and ten per cent, penalty, under sections 171 and 201 of the justices act. 1 S. & C. 800-804. The petition alleged, in substance, that on the 10th day of June, 1875, the plaintiff recovered a judgment before E. Gf.
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Motion for leave to file a petition in error to reverse tbe judgment'of the District Court of Lawrence county. The original action was brought by the plaintiffs in error against the defendant in error, to recover the amount of an execution and ten per cent, penalty, under sections 171 and 201 of the justices act. 1 S. & C. 800-804. The petition alleged, in substance, that on the 10th day of June, 1875, the plaintiff recovered a judgment before E. Gf. Brammer, a justice of the peace of Lawrence county, against James Lee and Richard O’Tool, late partners under the name of Lee & Co.; that an…
1Opinion of the CourtWhite, J.
We find no error in excluding from the jury the record of the judgment as found in the docket of the justice.
The rule that an officer is justified by his process, not void upon its face, is one of protection only; and although the officer may execute such process, yet if it is in fact void for want of jurisdiction in the court or officer issuing it, he may refuse to execute it, and no action will lie against him for such refusal. Crocker on Sheriffs, secs. 284, 286; Earl and Camp v. Stone, 16 Wend. 562; Cornell v. Barnes, 7 Hill, 35; Gwynne on Sheriffs, 573.
Hence where an execution regular on…
2Cases cited2 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Holbrook v. MurrayNew York Supreme Court · 1830
3Cited by8 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Wholesale Electric & Supply, Inc. v. RobuskyOhio Supreme Court · 1970
- Capper v. Short Et Ux.Court of Appeals of Kentucky (pre-1976) · 1928
- Thompson v. State ex rel. EastIndiana Court of Appeals · 1891
- Olson v. NunnallySupreme Court of Kansas · 1891
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