Legal Opinion

Reynolds v. Executors of Rogers

Ohio Supreme Court

Decided December 15, 1831PublishedCited by 1 opinion

This was a writ of error adjourned here for decision from the -county of Ross. The executors of Rogers brought suit in the common pleas against the plaintiffs in error, and declared upon a penal bond for four thousand two hundred and fifty-seven dollars, dated August 12, 1828; conditioned, that Thomas Scott and others had, ■on April 20, 1828, obtained writs of error and supersedeas to'the common pleas of Ross county, to a judgment recovered by said executors against said…

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This was a writ of error adjourned here for decision from the -county of Ross. The executors of Rogers brought suit in the common pleas against the plaintiffs in error, and declared upon a penal bond for four thousand two hundred and fifty-seven dollars, dated August 12, 1828; conditioned, that Thomas Scott and others had, ■on April 20, 1828, obtained writs of error and supersedeas to'the common pleas of Ross county, to a judgment recovered by said executors against said Scott and others at June term, 1827, and if they should prosecute said writ to effect, and abide the judgment of the -court…

1Opinion of the Court

Judge Wright

delivered the opinion of the court.

The first question presented by this record is this: Was the-evidence offered on the part of the plaintiffs below competent, and did it tend to establish the issue on their part? The evidence-offered were several records, duly authenticated, which unquestionably conduced to prove the allegations in the declaration. It may be said that under the issue of non est factum, the plaintiffs-below were not bound to give evidence of the proceedings upon the writ of error. If is true the plea only denies the execution of the bond; but the undertaking by…

2Cases cited5 opinions

  1. Carver v. JacksonSupreme Court of the United States · 1830
  2. WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
  3. Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
  4. M'Dougall v. SitcherNew York Supreme Court · 1806
  5. Hoyt v. HudsonNew York Supreme Court · 1815

3Cited by1 opinion

  1. Bissell v. CouchaineOhio Supreme Court · 1846

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