Legal Opinion

State ex rel. Commissioners of Hamilton Co. v. Piatt

Ohio Supreme Court

Decided December 15, 1846PublishedCited by 13 opinions

This is an action of Debt, and comes before the Court, by appeal, from the Court of Common Pleas of Hamilton County, and reserved for decision here. . . The action is brought upon a bond executed by the defendant, Piatt, as principal, and the other defendants as sureties, conditioned, according to the statute, for the faithful performance, by Piatt, of his duties, as Clerk of the Court of Common Pleas of Hamilton county. The declaration contains three counjts.

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This is an action of Debt, and comes before the Court, by appeal, from the Court of Common Pleas of Hamilton County, and reserved for decision here. . . The action is brought upon a bond executed by the defendant, Piatt, as principal, and the other defendants as sureties, conditioned, according to the statute, for the faithful performance, by Piatt, of his duties, as Clerk of the Court of Common Pleas of Hamilton county. The declaration contains three counjts. The first sets forth the bond and condition, “ that if the said Piatt should truly and ‘ faithfully pay over all money that might be…

1Opinion of the CourtHitchcock, J.

This action is brought upon an official bond, pursuant to the act of February 23, 1816, entitled ££an £ act pointing out the manner in which suits may be prosecuted £ on the bonds of executors, administrators and officers.” This law authorizes any person, who may be injured by the misconduct of any officer, to commence a suit, in the name of the obligee, named in the bond of such officer, for his use; and if judgment is recovered by the plaintiff,- the person for whose use *23the suit is brought, shall have execution for such sum as shall have been ascertained to be his due, together with costs.…

2Cited by13 opinions

  1. Roebke v. AndrewsWisconsin Supreme Court · 1870
  2. Miller v. EwingOhio Supreme Court · 1903
  3. State v. CapersOhio Court of Appeals · 2011
  4. In re Appropriation of Property of BunnerCuyahoga County Probate Court · 1971
  5. Huntsman v. Chesapeake & Ohio Ry. Co.Ohio Court of Appeals · 1947

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