# State ex rel. Fulton & Co. v. Colerick

> Ohio Supreme Court · December 15, 1828 · 3 Ohio 487

URL: https://www.frixlaw.com/law-library/cases/8080186

## Case

- **Full name:** State of Ohio, for the use of Fulton & Co. v. C. Colerick, late Sheriff, and others
- **Court:** Ohio Supreme Court
- **Decided:** December 15, 1828
- **Citations:** 3 Ohio 487
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8080186

## Opinion text

By the Court:
We take the distinction to be, that where the sureties have notice of the suit, and may, or do make defense, the judgment against the principal is conclusive against them. Where such notice is not given, the judgment against the ^principal is prima facie only. It may be impeached for Collusion, or for mistake. But, until so impeached, it is sufficient to entitle the ¡plaintiff to recover the amount for which it is rendered. This court have so ruled in the case of Commissioners of Brown Co. v. Butt, in error, 2 Ohio, 347. And we see no reason to be dissatisfied with the opinion then given. In this case no evidence was offered by the defendants. The motion for a new assessment of damages is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8080186. Public record. Not legal advice.