Spencer v. Brockway
Ohio Supreme Court
This cause came before Judges Pease and Burnet, at the August term, 1824, in the county of Ashtabula. The plaintiff describes himself as treasurer of the State of Connecticut, and successor in office to Andrew Kingsbury, late treasurer of that state. The declaration contains two counts.
Read the full summary
This cause came before Judges Pease and Burnet, at the August term, 1824, in the county of Ashtabula. The plaintiff describes himself as treasurer of the State of Connecticut, and successor in office to Andrew Kingsbury, late treasurer of that state. The declaration contains two counts. The first states that a suit was commenced in the Supreme Court of the State of Connecticut, wherein Andrew Kingsbury, treasurer of the State of Connecticut, was plaintiff, and Elias Brockway was defendant, on a bond of recognizance, made by the said Elias to the said Andrew, as treasurer aforesaid, and that…
1Opinion of the Court
By the Court :
We do not discover any reason why the State of Connect»out should be prohibited from prosecuting her just claims in the courts of this state. There is not anything in the constitution, or laws of Ohio, that requires such a prohibition, nor do we believe that it is necessary, or that it would be expedient; but if the position could be supported, it would not apply in this case, because the suit is brought in the name of an individual, and not in the name of the state, and it can not be a matter of any importance for whose use the money is recovered.
The second objection is equally…
2Cases cited1 opinion
- Robinson v. Executors of WardNew York Supreme Court · 1811
3Cited by4 opinions
- Holt v. AllowayIndiana Supreme Court · 1827
- Holthouse v. AkomVan Wert County Court of Common Pleas · 1947
- Pueblo v. EligierSupreme Court of Puerto Rico · 1905
- McCanless v. SmithNew Jersey Court of Chancery · 1893