Cases Decided In The Supreme Court Of Ohio (volume 4); Upon The Circuit At The Special Sessions In…

Paperback | February 2, 2012

byOhio. Supreme Court

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872. Excerpt: ... Lytle and Avery v. Cincinnati Manufacturing Co. to be disturbed by an execution, without a scire facias, or other legal process. This rule of the common law, and its reason, apply with 467 equal, if not greater force, to cases under our statute, where five years elapsed and no execution issued; or where five years elapse after the date of an execution before another is sued out. But it is nrgod that the injunction obtained by the Cincinnati Manufacturing Company takes the case out of the operation of this rule. It was formerly held, that if the plaintiff had been tied up by injunction for a year and day, he could not take out execution without a scire facias. 6 Mad. 288; 1 Str. 301; Bac. Ab., Exec. But this principlo has been overruled, and it is now hold, that he may afterward sue an execution without scire facias. 2 Burr. 600; 2 Saund. 72. In the present case, however, the injunction was dissolved, and the bill dismissed in May, 1823; and more than five years having elapsed from that time, as well as from the date of the last execution, the party is in the same situation as if the injunction had never been allowed, or any execution issued. It is also claimed, that the writ of error prosecuted in 1825, removes the necessity of suing out execution within five years from the date of the last execution. If the defendant brings a writ of error, and the judgment is affirmed, the defendant in error may take out execution after tho year, and without scire facias; becauso the writ of error was a supersedeas to the execution, and tho defendant in error must wait until it be determined. 5 Rep. 88; Bac. Ab., Exec. 362; 2 Saund. 72. But by the express provisions of our statute, vol. xxii. 70, no writ of error shall operate as a supersedeas, until bond and security a...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872. Excerpt: ... Lytle and Avery v. Cincinnati Manufacturing Co. to be disturbed by an execution, without a scire facias, or other legal proces...

Format:PaperbackDimensions:200 pages, 9.69 × 7.44 × 0.42 inPublished:February 2, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:021795989X

ISBN - 13:9780217959896

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