Mayo v. Williams' Adm'r
Ohio Supreme Court
This is a Writ op Error, directed to the Court of Common Pleas of Miami County. The judgment sought to be reversed, was rendered in that Court upon an action of debt, prosecuted by the defendant in error against the plaintiff in error, upon an appeal bond. The bond was signed by Mayo, and Charles T. Bossen. Process was issued against the two, but was returned not found as to Bossen.
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This is a Writ op Error, directed to the Court of Common Pleas of Miami County. The judgment sought to be reversed, was rendered in that Court upon an action of debt, prosecuted by the defendant in error against the plaintiff in error, upon an appeal bond. The bond was signed by Mayo, and Charles T. Bossen. Process was issued against the two, but was returned not found as to Bossen. This bond was in the penal sum of $6,660, conditioned, “ that whereas the said Charles T. Bossen, and William Bossen, have taken an appeal from a certain judgment, rendered against them, in favor of Micajah T.…
1Opinion of the CourtHitchcock, J.
Two exceptions are taken to the declaration in this case. The first is, that there is no sufficient breach of the condition of the bond assigned; and the second is, that it appears from the declaration itself, that at the time of the institution of the suit, there was a levy upon the lands of the original judgment debtors, undisposed of. The condition of the land is, that “ the said Charles T. and William Bossen shall pay the full amount of condemnation money, in said Supreme Court, and costs, in case judgment shall be entered therein in favor of the appellee,” &c. The averment in the…
2Cases cited2 opinions
- Williams v. ChampionOhio Supreme Court · 1833
- Cass v. AdamsOhio Supreme Court · 1827