Johnson's Administrator v. Kelly

1 Wright 353

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.]