Saint Paul Mercury Indemnity Co.'s Appeal

Opinion by

Mr. Chief Justice Kephart,

The county controller in the annual report of his audit of the fiscal affairs of the county surcharged the county treasurer in the sum of $81,183. It does not appear in the record whether any effort was made by the surety to take part through its principal, the county treasurer, in the audit held by the controller. Appellant attempted to appeal to the common pleas court in its own name. This effort was held to be fruitless by the court below because the governing act did not permit such an appeal.

There seems little doubt that it was not the intention of the…