Cowden v. Starr
This text of 1 Wright 115 (Cowden v. Starr) 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.
Opinion
The sci. fa. does not show that the judgment of restitution was remanded by the Supreme Court to the Court of Common Pleas for execution; if it did, as the sci. fa. in this instance is used as process of execution, it would properly issue from the court having the execution of the judgment conferred upon it by law.
A sci. fa. supposes the existence of a record, and profert must be made of a record. The profert here of the boohs in the cleric's office, may or may not be of a record. The demurrer is well taken.
Leave was given to the plaintiff to amend, on pajdng costs.
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Cite This Page — Counsel Stack
1 Wright 115, 1 Ohio Ch. 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowden-v-starr-ohio-1832.