Legal Opinion

Vindicator Printing Co. v. State

Ohio Supreme Court

Decided May 19, 1903PublishedCited by 14 opinions

Error to the Circuit Court of Mahoning County. The action below was brought' by the State against The Vindicator Printing Co. in the Court of Common Pleas of Mahoning to recover public moneys alleged to Rave been unlawfully drawn from the treasury of that county on the order of the board of county commissioners.

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Error to the Circuit Court of Mahoning County. The action below was brought' by the State against The Vindicator Printing Co. in the Court of Common Pleas of Mahoning to recover public moneys alleged to Rave been unlawfully drawn from the treasury of that county on the order of the board of county commissioners. Tt was averred in the first cause of action of the petition, in substance, that in the months of October and November, of the years 1894, 1895, 1896, 1897 and 1898, the defendant published in its newspaper, upon an order of the then sheriff of the county, a public notice styled “An…

1Opinion of the Court

The correctness of the judgment below on the demurrer rests upon two propositions: One that the allowance by the board of commissioners of the bills for excessive publications was unauthorized and illegal, and the money received thereon was an unlawful drawing of the public moneys; and, second, that the moneys so unlawfully received can be recovered back by suit brought by the prosecuting attorney. If either proposition fails the judgment as rendered can not stand.

1. Was the allowance beyond the power of -the board, and for that reason unauthorized? Publication of the sheriffs proclamation is…

2Cited by14 opinions

  1. State ex rel. Corrigan v. SeminatoreOhio Supreme Court · 1981
  2. State Ex Rel. Dickman v. DefenbacherOhio Supreme Court · 1949
  3. Nationwide Life Insurance v. MyersOhio Court of Appeals · 1980
  4. Schmidt v. Travelers Indemnity Co. of AmericaDistrict Court, S.D. Ohio · 2015
  5. City of Okolona v. Chickasaw CountyMississippi Supreme Court · 1934

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