Eaton v. Bartscherer

Lake, Oh. J".

These two cases involve precisely the same questions, and therefore will be considered together.

The plaintiff in the court below, who is defendant here, brought his actions to recover damages upon two undertakings executed to him as defendant in certain attachment proceedings, whereby his property was seized and subjected to the payment of his debts.

After trials to the court upon the petitions, answers and proofs, and findings in favor of the plaintiff, motions were duly made for judgments in favor of the defendants, upon the pleadings, notwithstanding the findings of the court…