The return of “not found” upon an execution against the body of the defendant is necessary to fix the liability of the sheriff as bail, which liability shall be the amount of the judgment, interest, and costs. This liability can be enforced only in a separate action against the sheriff, or against him and his sureties on his official bond, as in other cases of delinquency.

Terms Used In Ohio Code 2713.18

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bond: includes an undertaking. See Ohio Code 1.02
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.