Boalt v. Commissioners of Williams, Defiance, & Paulding Counties
Boalt v. Commissioners of Williams, Defiance, & Paulding Counties
Opinion of the Court
A bill in chancery, seeking to subject choses in action, claims and equities, to the satisfaction of judgments, when ■by the process of execution no property can be reached, is authorized in express terms by our statute, and might also be sustained in our courts of equity in a proper case, as it is supposed, even though no such statute were in existence. It is urged upon us, in behalf of the complainants, that in either view, this is a proper case for granting the relief sought, and that it is the only adequate remedy they can have. To accomplish the purposes desired by the bill, it will become necessary for the court to superintend the service devolving by law upon county officers, ,and to continue to do so in the case, probably through a series of years; to settle and fix the proportion due from Defiance county; to cause the amount so due to be evidenced by an issue ■of county orders, and generally to coerce the several officers of Defiance and Williams counties into the performance of their various public duties. If there be a remedy in this mode of proceeding, for the complainants, it must be conceded that it is through a somewhat novel exercise of the powers of this court, under its chancery jurisdiction. It would be a novel proceeding, too, for the court to direct a sale of the county orders by public auction to the highest bidder. Yet it is probable that no decree of the court, touching the disposition of these county orders, can benefit the complainants, unless it be an order of sale, by means of which they may obtain the money arising from the sale, or, becoming themselves the purchasers, secure a good investment. They would not find it for their interest, perhaps, to cancel their judgments or a part of them, against Williams jountv, for the sake of obtaining the orders in question of either Paulding or Defiance county. There is a claim noticed-in this bill which .may be -of the kind usually found in a creditor’s bill, that in favor of Williams county against John A. Bryan; but the amount is not set forth, nor is Bryan made a party. Aside, however, from these considerations, respecting the condition of the claims, there is a difficulty in the way of the complainants, growing out of the character of the party made defendant in
There is reason for believing that this provision to reach equities, found in the 16th section of the chancery act, (Swan 704,) was not supposed, when it was inserted in the act, to embrace such an organization as one of the counties in the state, and that the term “ person,” used in the law, if it had been supposed to extend so far, would not have been employed there without limitation. The legislature has, from the beginning, always had under its eyes these great divisions of the state; granting to them all the powers they possess, and at various times limiting or extending these powers as the benefit of their inhabitants separately, or the interest of the state at large, required. Counties have been compelled to erect buildings, and to engage in other expensive works, when they had no funds to make the payments required. They were obliged, therefore, in such cases, to procure the work done upon the credit of the county, and to issue evidences of the debt in the shape of coun
The court is of opinion that neither by the section of the statute which has been considered, nor by virtue of its general chancery powers, can relief be granted to the complainants. Their bill must therefore be dismissed.
Reference
- Full Case Name
- Charles L. Boalt v. The Commissioners of Williams, Defiance, and Paulding Counties, William A. Brown and John A. Bryan
- Status
- Published