Public-domain · open source
OpenJurist

8 Ohio N.P. 21

Prosecuting Attorney v. Spencer

Holmes County Court of Common Pleas · decided 1899-07-01

<p>1 Suit to recover county funds illegally drawn—</p> <p>. The prosecuting attorney has authority without consent of county commissioners to-i bring suit to recover money illegally drawn by county officers.</p>

Cited by 1 later decisions — most recently June 1949

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1899-07-01

View the full empirical analysis of this case →

■ Maxwell, J.

¶1Mode of collecting the amounts found to have been illegally drawn by county officers, as shown by the examiners sent out by the- ; state auditor.

¶2! It has been a question whether the prosecuting attorney or county commissioners are to bring the suit. Suit was brought by the prosecutor in his own name on behalf of the county against G. W. Spencer, ex-county commissioner, for the amount found against him in the Musser report. Held, that the prosecutor is authorized tobring the suit at his will' and pleasure, without first getting the author-I ity from the commissioners.

/8/ohionp/21 · .json · Public domain