Ohio Supreme Court, 1833

Johnson's Administrator v. Kelly

Johnson's Administrator v. Kelly
Ohio Supreme Court · Decided June 15, 1833
1 Ohio Ch. 353

Johnson's Administrator v. Kelly

Opinion of the Court

By the Court.

The defendants are public officers. If it be true that their refusal deprived the plaintiff of a right to the money, they *354should be compelled to pay by mandamus. They cannot be made liable in an action on the case, unless they .have acted wilfully and oppressively. There is no evidence upon that point.

Nonsuit ordered. .

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