¶1The statute (29 O. L. 74) makes a return of two nihils in this class of cases equal to service; and provides that the defendant shall thereafter be considered in court, and be proceeded against accordingly. No formal or technical appearance is necessary, after the second nihil; the law holds the defendant in court, and if he do answer, or plead, he may be defaulted. The defendant was then called, and failed to answer.
1 Wright 287
Dunlevy v. Ross
Decided June 15, 1833
Ohio Supreme Court · decided 1833-06-15
<p>Sci. fa. — two nibils — appearance in court — order of revival.</p> <p>The statute provides that two nihils on scire facias to revive a judgment, shall be equal to a return of the writ served, and the party thenceforth considered in court.</p> <p>In such case after the second return, if the defendant do not answer, the order of revival will pass on his default-</p>
Decided 1833-06-15