Bank of Chillicothe v. Pierce

Ohio Supreme Court

Bank of Chillicothe v. Pierce

6 Ohio 535

DecidedDecember 15, 1834

StatusPublished

This text of 6 Ohio 535 (Bank of Chillicothe v. Pierce) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of Chillicothe v. Pierce, 6 Ohio 535 (Ohio 1834).

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Opinion

Judge Lane

delivered the opinion of the court:

In 1819, when this bond was executed, under the law then in force, the security upon an appeal became bound absolutely for the amount of the debt, upon judgment against the appellant in the Supreme Court. Such was. the law when the judgment against ' Granger was finally rendered. To charge Pierce, it was not then necessary to sue execution against Granger. This being the case, Pierce is not released by the fact of suing and levying the execu-; tion, out of which, without fault of the plaintiff, nothing was made. No other ground of discharge is set up. This being held insufficient, judgment must be for the plaintiff.

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Judge Lane

delivered the opinion of the court:

In 1819, when this bond was executed, under the law then in force, the security upon an appeal became bound absolutely for the amount of the debt, upon judgment against the appellant in the Supreme Court. Such was. the law when the judgment against ' Granger was finally rendered. To charge Pierce, it was not then necessary to sue execution against Granger. This being the case, Pierce is not released by the fact of suing and levying the execu-; tion, out of which, without fault of the plaintiff, nothing was made. No other ground of discharge is set up. This being held insufficient, judgment must be for the plaintiff.

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Bluebook (online)

6 Ohio 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-chillicothe-v-pierce-ohio-1834.