State ex rel. Pros. Atty. v. Western German Bank
This text of 22 Ohio C.C. Dec. 496 (State ex rel. Pros. Atty. v. Western German Bank) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The original action was commenced to recover from the bank money had and received, whether wrongfully or not, for the use of Hamilton county; and it is because the money is thus due to the county that the prosecuting attorney is authorized to bring the suit as he did. R. S. 1277 (Gen. Code 2921).
The limitation applicable to the cause of action stated was six years, as provided by R. S. 4981 (Gen. Code 11221), and not four years, as provided by R. S. 4982 (Gen. Code 11224). Mount v. Lakeman, 21 Ohio St. 643.
The action having been commenced under favor of R. S. 1277 (Gen. Code 2921), for the benefit of the county and to recover money due to the county, the state is not a real party in interest, and the plea of the statute of limitations is [497]*497available. Hartman v. Hunter, 56 Ohio St. 175 [46 N. E. Rep. 577].
Judgment affirmed^
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22 Ohio C.C. Dec. 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-pros-atty-v-western-german-bank-ohiocirct-1910.