Hiler v. Hiler
Ohio Supreme Court
Error to the District Court of Brown county. M. L. Hiler recovered a judgment in the Court of Common Pleas of Brown county, at the June term, 1872, Against Jacob J. Hiler and Rudolph Hiler, for $159.25 and costs. Jacob J. Hiler thereupon commenced a proceeding in error, in the district court, to reverse the judgment.
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Error to the District Court of Brown county. M. L. Hiler recovered a judgment in the Court of Common Pleas of Brown county, at the June term, 1872, Against Jacob J. Hiler and Rudolph Hiler, for $159.25 and costs. Jacob J. Hiler thereupon commenced a proceeding in error, in the district court, to reverse the judgment. During the pendency of the proceeding, one of the attorneys of M. L. Hiler informed Jacob J. Hiler, that unless 'the judgment was paid, he would cause execution to issue. Shortly thereafter, on October 11, 1872, Jacob J. Hiler, having failed to obtain surety in an undertaking for…
1Opinion of the CourtOkey, J.
Under the former practice, where the precise' sum or thing to be restored appeared in the record, the writ of restitution might be awarded immediately on reversal of a judgment. But where the matter to be i’estored was not specified in, but depended on evidence dehors the record, a scire facias was issued, and the writ of restitution waa not awarded until the defendant in error had an opportunity to make a defense. Cowden v. Hurford, 4 Ohio, 374; and see Bickett v. Garner, 31 Ohio St. 28.
In Duncan v. Kirkpatrick, 13 S. & R. 292, it was held that where a judgment is reversed and an order is…
2Cases cited9 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- McDonald v. NapierSupreme Court of Georgia · 1853
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Sturges v. Allis & LeeNew York Supreme Court · 1833
- Raun v. ReynoldsCalifornia Supreme Court · 1861
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