Legal Opinion

Roach v. Roach

Cuyahoga County Common Pleas Court

Decided December 1, 1953No. 474696PublishedCited by 3 opinions

1Opinion of the Court

*163OPINION

By MERRICK, J:

This matter is before the Court on motion to strike certain executions issued out of this court, one of which resulted in a land levy by the sheriff of Allen County, Ohio. This motion raises one important question: — Where, in a decree for divorce, certain weekly payments are ordered for the support of a child, may an execution issue upon the praecipe of counsel who has computed the amount which his client claims is past due and inserts such ascertained amount as damages upon which amount the clerk orders execution?

There is no longer any doubt but what an order to pay…

2Cases cited2 opinions

  1. Sistare v. SistareSupreme Court of the United States · 1910
  2. Sweigart v. SweigartOhio Court of Appeals · 1940

3Cited by3 opinions

  1. State v. CousinOhio Court of Appeals · 1982
  2. Roach v. RoachOhio Supreme Court · 1956
  3. State v. CousinOhio Court of Appeals · 1982

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