1 Wright 353
Decided August 15, 1883
Ohio Supreme Court · decided 1883-08-15
Ti-ie plaintiff declared in case, that the general assembly of Ohio,, by resolution, directed the defendants, as canal commissioners, to-cause to be paid to the plaintiff §5,000, the amount of an award in his favor, by Bates, engineer, for damages sustained by him on a contract touching section No. 1, on the Ohio canal — and averred that he had called on the defendants for the money and that they wrongfully refused to pay.
Cited by 1 later decisions (1 by the Supreme Court) — most recently December 1861
Good law ✅— No negative treatment on recordhow we know
Decided 1883-08-15
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¶1The defendants are public officers. Ifitbetrue that their refusal deprived the plaintiff of a right to the money, they *should be compelled to pay by mandamus. They cannot be [354 made liable in an action on the case, unless they have acted wilfully and oppressively. There is no evidence upon that point.
¶2Nonsuit ordered.
¶3[Officer not suable for not paying unless malicious — remedy is mandamus, approved; Bates v. Fries, 3 W. L. G. 385, 388 s. c.; 2 Disney, 511, 516.]