Cowden v. Stevenson
Ohio Supreme Court
Appeal from the Common Pleas. This was a scire facias to obtain restitution of money collected upon a judgment, afterwards reversed. It was issued in Jefferson, directed to the sheriff of Tuscarawas county. The Court of Common Pleas quashed the writ, because it issued erroneously. From this order to quash, the appeal is taken.
1Opinion of the Court
BY THE COURT.
The 108th section of the practice act of 29 O. JO. 18, gives the appeal, in civil cases, from any judgment or decree of the Court of Common Pleas, in any case in which that Court has original jurisdiction. The practice under this law is only to allow appeals from final judgments, or those judgments which dispose of the subject matter before the court. This seems to-us a case of that description. But that can make little difference to the plaintiff; for if the appeal be sustained, the Avrit must fee quashed. The writ of scire facias can only be issued in the court where the record…
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- Broad Top Coal & Iron Co. v. Riddlesburg Coal & Iron Co.Supreme Court of Pennsylvania · 1870