Butt v. Green
Ohio Supreme Court
Motion for leave to file a petition in error to reverse the judgment qf the Superior Court of Montgomery county. The action in the court below was brought by Green against Butt and his securities, upon the official bond of Butt as constable, to recover damages for the unlawful seizure in execution, conversion, and sale of a horse belonging do Green, which he had “ selected before the sale,” and demanded of the constable under the exemption laws of the state.
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Motion for leave to file a petition in error to reverse the judgment qf the Superior Court of Montgomery county. The action in the court below was brought by Green against Butt and his securities, upon the official bond of Butt as constable, to recover damages for the unlawful seizure in execution, conversion, and sale of a horse belonging do Green, which he had “ selected before the sale,” and demanded of the constable under the exemption laws of the state. The answer reads as follows : “ Said Christian J. Butt, Francis M. Kemp, and Joseph W. Kemp, defendants, for answer herein, aver that…
1Opinion of the CourtGilmore, J.
The allegations of the answer, in reference to the conduct of Green, the defendant in error, in obtaining a continuance of the original action brought by Young against him, and the placing of fictitious chattel mortgages upon his property the day before the magistrate rendered judgment in the case in favor of Young, are not regarded as material, and may be rejected as surplusage, in considering the questions raised by the demurrer to the answer.
Rejecting these, does the answer state facts sufficient to constitute a defense'to the action?
Or, to make the inquiry more exact: Ho the facts set…
2Cited by16 opinions
- Sanitary Commercial Services, Inc. v. ShankOhio Supreme Court · 1991
- Butz v. Blue (In Re Blue)United States Bankruptcy Court, S.D. Ohio · 1980
- Parente v. DayOhio Court of Appeals · 1968
- Foogman v. PattersonNorth Dakota Supreme Court · 1900
- Chambers v. PerrySupreme Court of Arkansas · 1886
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