State ex rel. Sells v. Auditor of Franklin County

Ohio Supreme Court

State ex rel. Sells v. Auditor of Franklin County

1 Wright 176, 1 Ohio Ch. 176

DecidedDecember 15, 1832

StatusPublished

This text of 1 Wright 176 (State ex rel. Sells v. Auditor of Franklin County) 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

State ex rel. Sells v. Auditor of Franklin County, 1 Wright 176, 1 Ohio Ch. 176 (Ohio 1832).

Pincite

Opinion

BY THE COURT.

The third section of the act defining the duties of sheriffs and coroners, 29 O. L. 113, provides, that where a person who is charged with an offence shall abscond from the county, the [179]*179sheriff, constable, or any other person, may pursue and apprehend the person so charged, remove him into the county where the offence is committed, and deliver him to a judge or justice, &e., and it further provides that in such cases the auditor shall allow him out of the county treasury, the necessary expenses, and a reasonable compensation for his trouble, &c. To entitle any person to this pay there must be a legal charge or complaint before pursuit, and not a mere intention to make a charge, in case the thief is apprehended. This is not such a case.

The writ is refused.

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BY THE COURT.

The third section of the act defining the duties of sheriffs and coroners, 29 O. L. 113, provides, that where a person who is charged with an offence shall abscond from the county, the [179]*179sheriff, constable, or any other person, may pursue and apprehend the person so charged, remove him into the county where the offence is committed, and deliver him to a judge or justice, &e., and it further provides that in such cases the auditor shall allow him out of the county treasury, the necessary expenses, and a reasonable compensation for his trouble, &c. To entitle any person to this pay there must be a legal charge or complaint before pursuit, and not a mere intention to make a charge, in case the thief is apprehended. This is not such a case.

The writ is refused.

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Bluebook (online)

1 Wright 176, 1 Ohio Ch. 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-sells-v-auditor-of-franklin-county-ohio-1832.