Gilmore v. Miami Exporting Co. (2 Ohio 294, 1826)

*The Court overruled the demurrer.

Judge Burnet

being a stockholder in the Miami Bank did not sit in the cause. Judge Sherman dissented. A majority of the judges not uniting in the opinion, no reasons were given.

Note by the Editor. — That execution need not issue before creditor’s bill will be entertained, see also vi. 227.