Franken v. Franken

I am of the opinion that this action should be maintained in the name of and on behalf of the state.

The act says so; “enter into a bond to the state of Ohio, in the penal sum.”

The language of the bond says so; “ bound unto the state of Ohio in the penal sum of one thousand dollars, to be paid to said state of Ohio.”

“Where a thing is prohibited by statute under a penalty, if the penalty, or part of it, be not given to him who shall sue for the same, it goes and belongs to the king.” Rastall’s Entries, 433 ; 2 Hawkins, P. C., c. 26.

Where a statute does not in terms declare in whose name a suit…