Ohio § 2335.21

§ 2335.21.

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* 1 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. 1

 The asterisk refers to the contingent clause to be inserted in the form, in conformity

with 2335.22.