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5 Ind. 217

Osborn v. May

Indiana Supreme Court

Decided June 5, 1854

Indiana Supreme Court · decided 1854-06-05

<p>An entry of replevin bail, made after the expiration of the period allowed by law for the stay of execution, has not the force of a judgment, and will not support an execution.</p>

Cited by 1 later decisions — most recently May 1881

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-06-05

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Per Curiam.

¶1Motion to set aside an execution. Motion overruled.

¶2The motion should have been granted. The execution was against a person as replevin bail. The judgment to which the entry of bail was made was, by law, subject to a stay of one hundred and eighty days. The entry of replevin bail was made after the expiration of that lengthy of time from the rendition of the judgment, and was, *218therefore, of no effect as a judgment, and would not support an execution.

W. H. Mallory, for the appellant.D. Brier, for the appellees.

¶3The judgment is reversed with costs. Cause remanded, &c.

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