State ex rel. Prosecuting Attorney v. Western German Bank

Hamilton Circuit Court

State ex rel. Prosecuting Attorney v. Western German Bank

13 Ohio C.C. (n.s.) 543, 1910 Ohio Misc. LEXIS 307

DecidedJanuary 29, 1910

StatusPublished

This text of 13 Ohio C.C. (n.s.) 543 (State ex rel. Prosecuting Attorney v. Western German Bank) is published on Counsel Stack Legal Research, covering Hamilton Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Prosecuting Attorney v. Western German Bank, 13 Ohio C.C. (n.s.) 543, 1910 Ohio Misc. LEXIS 307 (Ohio Super. Ct. 1910).

Pincite

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 diie to the county that the Prosecuting Attorney is authorized to bring the suit as he did. Section 1277, Revised Statutes.

The limitation applicable to the cause of action stated was six years, as provided by Section 4981, Revised Statutes, and not four years, as provided by Section 4982, Revised Statutes. Mount v. Laheman, 21 O. S., 643.

The action having been commenced under favor of Section 1277, Revised Statutes, 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 available. Hartman v. Hunter, 56 O. S., 175.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

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 diie to the county that the Prosecuting Attorney is authorized to bring the suit as he did. Section 1277, Revised Statutes.

The limitation applicable to the cause of action stated was six years, as provided by Section 4981, Revised Statutes, and not four years, as provided by Section 4982, Revised Statutes. Mount v. Laheman, 21 O. S., 643.

The action having been commenced under favor of Section 1277, Revised Statutes, 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 available. Hartman v. Hunter, 56 O. S., 175.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

13 Ohio C.C. (n.s.) 543, 1910 Ohio Misc. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-prosecuting-attorney-v-western-german-bank-ohcircthamilton-1910.