When an officer to whom an execution issues on a judgment levies it in good faith upon property not subject to levy, sells it, applies the proceeds in satisfaction in whole or part of the judgment, and a recovery is had against him for its value, upon payment thereof, on motion before the court having control of the judgment and a showing that due notice of such motion was given to the defendant in the execution, such officer may have the satisfaction of such judgment vacated, and execution shall issue therefor for his use as if such levy and sale had not been made.

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Terms Used In Ohio Code 2329.48

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: means real and personal property. See Ohio Code 1.59