Reynolds v. Executors of Rogers
Ohio Supreme Court
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…
Read the full summary
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
- Carver v. JacksonSupreme Court of the United States · 1830
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
- M'Dougall v. SitcherNew York Supreme Court · 1806
- Hoyt v. HudsonNew York Supreme Court · 1815
3Cited by1 opinion
- Bissell v. CouchaineOhio Supreme Court · 1846