Duncan v. Drakeley
Ohio Supreme Court
This is a certiorari to the court of common pleas of the county of Jefferson. The record shows that, at the August term of the court of common pleas of Jefferson county, 1839, Thomas Drakeley recovered a judgment against William Tullough and Alexander Armstrong, for the sum of §981.11 damage, and §6.91 costs of suit.
Read the full summary
This is a certiorari to the court of common pleas of the county of Jefferson. The record shows that, at the August term of the court of common pleas of Jefferson county, 1839, Thomas Drakeley recovered a judgment against William Tullough and Alexander Armstrong, for the sum of §981.11 damage, and §6.91 costs of suit. At the same term of the court, on motion of Stokeley & Black, attorneys for the plaintiff, founded upon the affidavit of Daniel Darrah, agent of the plaintiff, that William Tullough, one of the defendants, had converted, or was about to convert, his property into money, with…
1Opinion of the CourtHitchcock, J.
Before proceeding to the consideration of this case, it may be proper to remark that in proceedings under the statute authorizing the amercement of an officer, great strictness is required, and he who would avail himself of the remedy therein provided, must bring himself both within the letter and spirit of the law. It is right that it should be so, because the remedy is. summary, and in its consequences highly penal. There is no trial by jury, and but little, if any, discretion is left to the court. The causes for which a sheriff may be amerced are, for neglecting or refusing to execute any…
2Cited by27 opinions
- Norwood v. McDonaldOhio Supreme Court · 1943
- Whitehead v. General Telephone Co.Ohio Supreme Court · 1969
- Griffin v. WallaceIndiana Supreme Court · 1879
- Smith v. AuldSupreme Court of Kansas · 1884
- Leonard v. MurdockOhio Supreme Court · 1946
22 more not listed; retrieve them via the Exa API.