State ex rel. Fulton & Co. v. Colerick
Cases that cite this one
2 later published cases cite this decision.
- FirstMerit Bank N.A. v. Inks (Ohio Ct. App. 2012)
- State ex rel. Story v. Jennings (Ohio 1862)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We take the distinction to be, that where the sureties have notice of the suit, and may, or do make defense, the judgment against the principal is conclusive against them. Where such notice is not given, the judgment against the ^principal is prima facie only. It may be impeached for Collusion, or for mistake. But, until so impeached, it is sufficient to entitle the ¡plaintiff to recover the amount for which it is rendered. This court have so ruled in the case of Commissioners of Brown Co. v. Butt, in error, 2 Ohio, 347. And we see no reason to be dissatisfied with the opinion then given. In this case no evidence was offered by the defendants. The motion for a new assessment of damages is overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.