Legal Opinion

Serrill v. Wilder

Ohio Supreme Court

Decided December 17, 1907No. 10230Published

Error to the Circuit Court of Defiance County. A sufficient narrative of the facts in this case, is found in the amended petition filed by plaintiffs below — defendants in error here — which amended petition reads as follows: “Said plaintiffs for their cause of action against the defendant say that at the general election held in November, A. D. 1891, one Wesley O. Barney was duly elected to the office of county treasurer of Defiance county, Ohio, to serve for a full term of…

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Error to the Circuit Court of Defiance County. A sufficient narrative of the facts in this case, is found in the amended petition filed by plaintiffs below — defendants in error here — which amended petition reads as follows: “Said plaintiffs for their cause of action against the defendant say that at the general election held in November, A. D. 1891, one Wesley O. Barney was duly elected to the office of county treasurer of Defiance county, Ohio, to serve for a full term of two years commencing on the first Monday in September, 1892. “That the said Wesley O. Barney qualified as such county…

1Opinion of the CourtCrew, J.

The primary and controlling question arising upon this record, is whether the contract sued on in this case is a valid contract that will be enforced, or whether, it being a contract to devote and apply the unearned fees of a public office to the payment of the joint debt of the promisor and promisees, such contract is illegal *353and void, because contrary to, and against public policy. As appears from- the above statement of facts: At the general election held in November, 1891, Wesley Q. Barney was elected treasurer of Defiance county, Ohio, for the full terrh of two years, commencing on the…

2Cases cited11 opinions

  1. Bliss v. . LawrenceNew York Court of Appeals · 1874
  2. National Bank v. FinkTexas Supreme Court · 1893
  3. State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
  4. Bangs v. DunnCalifornia Supreme Court · 1884
  5. Schloss v. HewlettSupreme Court of Alabama · 1886

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