Comer v. Board of Commissioners
Indiana Court of Appeals
From Johnson Circuit Court; J. E. McCullough, Special Judge. Action by the Board of Commissioners of Morgan County against William A. Comer. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRoby, J.
Action by the board of commissioners of Morgan county against appellant to recover money alleged to have been received by him while serving as clerk of said county, and wrongfully kept and converted by him to his own use.
That the county may recover from the officer amounts unlawfully allowed him out of the county treasury, which he accepted and converted to his own use, is established. Board, etc., v. Heaston, 144 Ind. 583, 55 Am. St. 192; State, ex rel., v. Flynn, 161 Ind. 554.
Appellant’s third paragraph of answer admitted the retention of the amounts as charged in the complaint, but averred…
2Cases cited8 opinions
- Board of Commissioners of Huntington Co. v. HeastonIndiana Supreme Court · 1896
- Seiler v. State ex rel. Board of CommissionersIndiana Supreme Court · 1903
- Brower v. NellisIndiana Court of Appeals · 1893
- State ex rel. Board of Commissioners v. FlynnIndiana Supreme Court · 1903
- Lake Shore & Michigan Southern Railway Co. v. Van AukenIndiana Court of Appeals · 1891
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3Cited by3 opinions
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
- Nation v. Planters and Mechanics BankSupreme Court of Oklahoma · 1911
- Board of Commissioners v. CroneIndiana Court of Appeals · 1905