Johnson's Administrator v. Kelly

Ohio Supreme Court

Johnson's Administrator v. Kelly

1 Wright 353

CourtOhio Supreme Court

DecidedAugust 15, 1883

StatusPublished

Cited by3 cases

This text of 1 Wright 353 (Johnson's Administrator v. Kelly) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson's Administrator v. Kelly, 1 Wright 353 (Ohio 1883).

Pincite

Opinion

BY THE COURT.

The 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.

Nonsuit ordered.

[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.]

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BY THE COURT.

The 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.

Nonsuit ordered.

[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.]

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Bluebook (online)

1 Wright 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnsons-administrator-v-kelly-ohio-1883.

Opinion

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