Stanley v. Lucas

Ohio Supreme Court

Stanley v. Lucas

1 Wright 34, 1 Ohio Ch. 34

DecidedApril 15, 1832

StatusPublished

This text of 1 Wright 34 (Stanley v. Lucas) 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

Stanley v. Lucas, 1 Wright 34, 1 Ohio Ch. 34 (Ohio 1832).

Pincite

Opinion

WRIGHT, J.

delivered the opinion of the court. It is very clear that a security upon an appeal bond cannot exonerate himself from liability on the bond, by barely informing the officer having an execution upon the original judgment against the principal debtor, that the debtor has property. In this case the plea goes no further. It does not show that the plaintiff Avas advised of the property, or that in fact there was any ; but oulv relies upon the fact that the defendant said to the officer that there was property.

Demurrer sustained.

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WRIGHT, J.

delivered the opinion of the court. It is very clear that a security upon an appeal bond cannot exonerate himself from liability on the bond, by barely informing the officer having an execution upon the original judgment against the principal debtor, that the debtor has property. In this case the plea goes no further. It does not show that the plaintiff Avas advised of the property, or that in fact there was any ; but oulv relies upon the fact that the defendant said to the officer that there was property.

Demurrer sustained.

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Bluebook (online)

1 Wright 34, 1 Ohio Ch. 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-v-lucas-ohio-1832.