RYAN v. CARTER

No. 92-1379.

67 Ohio St.3d 568 (1993)

RYAN, APPELLEE, v. CARTER; ERWIN, SHERIFF, APPELLANT.

Supreme Court of Ohio.

Decided November 10, 1993.


Attorney(s) appearing for the Case

Arthur G. Wesner and Thomas J. Foster, for appellee.

Toft, Stettinius & Hollister and Lawrence D. Walker, for appellant.


PFEIFER, J.

This case involves the seldom-used remedy of amercement, which is described in R.C. Chapter 2707. While it is questionable why this archaic procedure remains, this court will enforce R.C. Chapter 2707 until the General Assembly removes it from the books.

To amerce is to punish. 1 Oxford English Dictionary (2 Ed.1989) 396-397. R.C. 2707.01 delineates when an action for amercement is appropriate. The statute provides:

"If an execution or...

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