Osborn v. May

Indiana Supreme Court

Osborn v. May

5 Ind. 217

CourtIndiana Supreme Court

DecidedJune 5, 1854

StatusPublished

Cited by1 cases

This text of 5 Ind. 217 (Osborn v. May) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Osborn v. May, 5 Ind. 217 (Ind. 1854).

Pincite

Opinion

Per Curiam.

Motion to set aside an execution. Motion overruled.

The motion should have been granted. The execution was against a person as replevin bail. The judgment to which the entry of bail was made was, by law, subject to a stay of one hundred and eighty days. The entry of replevin bail was made after the expiration of that lengthy of time from the rendition of the judgment, and was, [218]*218therefore, of no effect as a judgment, and would not support an execution.

W. H. Mallory, for the appellant. D. Brier, for the appellees.

The judgment is reversed with costs. Cause remanded, &c.

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Per Curiam.

Motion to set aside an execution. Motion overruled.

The motion should have been granted. The execution was against a person as replevin bail. The judgment to which the entry of bail was made was, by law, subject to a stay of one hundred and eighty days. The entry of replevin bail was made after the expiration of that lengthy of time from the rendition of the judgment, and was, [218]*218therefore, of no effect as a judgment, and would not support an execution.

W. H. Mallory, for the appellant. D. Brier, for the appellees.

The judgment is reversed with costs. Cause remanded, &c.

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Bluebook (online)

5 Ind. 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osborn-v-may-ind-1854.

Opinion

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