State ex rel. Board of Commissioners v. Clark

The State, on the relation of the Board of Commissioners of Daviess county, sued Clark and others, on their writing obligatory as borrowers of the surplus revenue fund. The history of that fund,—its distribution, in 1836, among the states, and by this state to the counties to be loaned out on interest, need not be detailed.

General demurrer to the declaration sustained.

The only question discussed by counsel is whether the board of commissioners be the proper relator; or whether the suit should have been brought on the relation of the county treasurer.

The case of The State v. Votaw and others,…