
    No. 582
    BADGLEY v. SHUE
    Ohio Appeals, Second District, Montgomery County
    No. 427.
    July 7, 1923
    This opinion has not been published except in Abstract.
    EXECUTION — A right of property action against . a constable decided adversely to the claimant is final and the claimant cannot recover in a subsequent action, for damages against the constable for selling the property.'
    Attorneys — Wm. A. Swaney, for Badgley; Win. E. Watson and Walter Snyder, for Shue.
   BY THE COURT.

Opinion

Application rehearing. judgment against a constable for selling chattel property under an execution. Plaintiff had previously brought a right of property action against the constable which resulted in a finding against plaintiff. In this case the lower court awarded personal judgment against the constable. Error was prosecuted to this court which reversed the lower court. Held:

By resorting to the right of property action plaintiff must be regarded as having elected that remedy and he cannot now be heard to complain K the constable who acted under the protection of Hat finding. Armstrong v. Harvey II OS. 527 distinguished. Rehearing denied.  