Ohio Supreme Court, 1871

State ex rel. DeLany v. Commissioners

State ex rel. DeLany v. Commissioners
Ohio Supreme Court · Decided December 15, 1871
21 Ohio St. (N.S.) 648

State ex rel. DeLany v. Commissioners

Opinion of the Court

By the Court.

The board of county commissioners has no power, under the constitution and laws of Ohio, to employ an attorney to prosecute criminal complaints before the examining magistrates of the county, except in cases in which the comity, in its quasi corporate capacity, has a direct interest. Nor can the board of commissioners he compelled, by mandamus, to pay for such services -out of the treasury of the county.

Motion overruled.

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