Ohio Supreme Court, 1833

Wells v. Benefield

Wells v. Benefield
Ohio Supreme Court · Decided April 15, 1833
1 Wright 201; 1 Ohio Ch. 201

Wells v. Benefield

Opinion of the Court

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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