Clinton v. Leis

This appeal involves an action in re-plevin against the prosecuting attorney of Hamilton County to recover currency claimed to have been wrongfully retained by him. The case was dismissed in the trial court on a motion for summary judgment. Finding no merit in either assignment of error, we affirm.

The defendant’s motion for summary judgment was supported by the transcript of the plaintiff’s testimony in a prior criminal case involving drug charges against another party. Plaintiff had been present in a residence when it was searched by law enforcement officers and she claimed ownership of the…