Section 2335.21 | Special execution may issue for costs.
When the party recovering judgment in a cause neglects to sue out execution immediately, or after such execution has been returned without satisfaction of costs, the clerk of the court, for his own benefit, may, or at the instance of a person entitled to fees in the bill of costs taxed against either party, shall issue against the party indebted to such clerk or other person for such fees, whether plaintiff or defendant, an execution to compel the party to pay his own costs. Such execution shall be in the following form:
(Form of execution to compel either party to pay his own costs.)
The State of Ohio, ______________county, ss:
To the sheriff of ______________county, greeting:
Whereas, in a certain civil action lately prosecuted in the _________ court of ______________ county, wherein _____________ was plaintiff and ________________was defendant, the costs of said ______________ were taxed at __________ dollars, __________ cents: You are therefore commanded, that, of the goods and chattels, or, for the want of goods and chattels, of the lands and tenements of the said _____________ in your county, you cause to be made the costs aforesaid, with interest thereon from the _______ day of __________, A.D. ______ (the date of the judgment) until paid, and costs that may accrue: And, if you shall levy and make said costs and interests, do you have the same before the ________ court of __________ county, within sixty days from the date hereof, to render unto the persons entitled to the same; and have you then and there this writ.
Witness my hand and the seal of the _________ court, this ______ day of ____________ A.D. _________
A. B., Clerk.
Available Versions of this Section
- October 1, 1953 – House Bill 1 - 100th General Assembly [ View October 1, 1953 Version ]