Kendig v. Commissioners of Greene County

Citations

• 82 Ohio St. (N.S.) 315

Syllabus

<p>Road superintendent under Section 4715, Revised Statutes — Gives order to sand bank owner — On township trustee for material taken — Tozvnship trustees certify to county commissioners— Latter refuse allozvance of claim — No appeal to common pleas cozirt — Sections 4744, 4745 and 896, Revised Statutes — Duties of county authorities.</p> <p>1. Where a road superintendent, acting under the provisions of Section 4715, Revised Statutes, enters upon the premises of the owner, situate within his road district, digs and carries away sand or gravel for the improvement or repair of á public road therein, for which sand or gravel such road superintendent gives the owner a certificate to the township trustees, under favor of Sections 4744 and 4745, Revised Statutes, and the said trustees examine and approve the claim, but on account of the amount thereof, certify the same to the commissioners of the county, who refuse to allow it as a claim against the county, there is no right of appeal from such refusal to the court of common pleas, under the provisions of Section 896, Revised Statutes, and it is not error for that court to dismiss an appeal so taken.</p> <p>2. If the amount so allowed by the township trustees is satisfactory to the landowner as his compensation for material taken for road purposes under authority of said Section 4715, and the county commissioners refuse to order the claim paid by the county, as is permitted by Section 4745, Revised Statutes, the same remains a valid claim against the township which may be enforced by civil action, if the trustees decline to make a levy for its payment.</p>