Legal Opinion

Smith v. Commissioners of Portage County

Ohio Supreme Court

Decided December 15, 1839PublishedCited by 1 opinion

Error to the Common Pleas of Portage. Smith brought assumpsit against the commissioners in the court below, and declared in the common counts for work and labor, money paid, etc. The case was tried to a jury upon non assumpsit, and a verdict and judgment ^rendered for the defendants. A bill of exceptions presents the following state of case upon the reeord.

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Error to the Common Pleas of Portage. Smith brought assumpsit against the commissioners in the court below, and declared in the common counts for work and labor, money paid, etc. The case was tried to a jury upon non assumpsit, and a verdict and judgment ^rendered for the defendants. A bill of exceptions presents the following state of case upon the reeord. A warrant duly issued by a magistrate of the county to arrest one William Latta, for having in possession plates for printing false and forged bank notes, was placed! in the hands of Smith, who was a constable, for execution, and Bierce,…

1Opinion of the Court

*24By the Court,

Wood, Judge.,It is contended that the defendants are liable in this suit, inasmuch as an attorney, as a general rule, has authority to bind his principal so far as necessary to fullfil his employment, and as the services of the plaintiff were performed under the direction of the defendants’ attorney, for their benefit, and in the due performance of his duty, they constitute a legal consideration upon which the law raises a promise to pay. To this it may well be answered, that whatever moral obligation rests upon the prosecuting attorney, to prosecute offenses before justices of…

2Cited by1 opinion

  1. State ex rel. Ingerson v. BerryOhio Supreme Court · 1863

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