Sidney S. Wilson Co. v. Cleveland Elec. Ry.

Citations

• 18 Ohio C.C. Dec. 159
• 7 Ohio C.C. (n.s.) 258
• 1905 Ohio Misc. LEXIS 463

Syllabus

<p>PROCEEDING IN AID OF EXECUTION.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>Justice’s Oedee in Proceedings in Aid op Execution not a Final Adjudication. The order of a justice of the peace in favor of the plaintiff in a proceeding in aid of execution brought under the provisions of Rev. Stat. 6680-1 to 6680-5 (Lan. 10264 to 10268), merely operates as an assignment to him of the judgment debtor’s rights: hence, in a subsequent suit against the debtor of the judgment debtor, based on such order, plaintiff must set forth not only the proceedings by virtue of which he obtained the assignment of the judgment debtor’s claims, but also a statement that the defendant in the latter action, as a matter of fact, was indebted to the judgment debtor at the time of the first service in the prior proceeding.</p> <p>[Syllabus approved by the court.]</p>