Wells v. Benefield

Ohio Supreme Court

Wells v. Benefield

1 Wright 201, 1 Ohio Ch. 201

CourtOhio Supreme Court

DecidedApril 15, 1833

StatusPublished

Cited by1 cases

This text of 1 Wright 201 (Wells v. Benefield) 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

Wells v. Benefield, 1 Wright 201, 1 Ohio Ch. 201 (Ohio 1833).

Pincite

Opinion

BY THE COURT.

The evidence is inadmissible. The return of the levy binds the officer, at least until set aside or explained by-evidence. The court from which the process issued might on proper evidence permit the return to be amended. Or possibly this court would hear evidence to explain a return on an execution offered in evidence, but the matter now offered is no evidence. It is but a certificate of a sheriff made to exonerate himself from liability. He had no authority to make such a return.

The plaintiff submitted to a non suit.

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BY THE COURT.

The evidence is inadmissible. The return of the levy binds the officer, at least until set aside or explained by-evidence. The court from which the process issued might on proper evidence permit the return to be amended. Or possibly this court would hear evidence to explain a return on an execution offered in evidence, but the matter now offered is no evidence. It is but a certificate of a sheriff made to exonerate himself from liability. He had no authority to make such a return.

The plaintiff submitted to a non suit.

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Bluebook (online)

1 Wright 201, 1 Ohio Ch. 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-benefield-ohio-1833.

Opinion

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