Loe v. State ex rel. Platt

Citations

• 82 Ohio St. (N.S.) 73

Syllabus

<p>Moneys paid into county treasury — From proceedings for construction of ditch — Not funds of county, when — Section 4447, Revised Statutes — Prosecuting attorney cannot recover from contractor sum paid him, when — Section 1277, Revised Statutes, construed.</p> <p>Moneys which are paid, into the county treasury by virtue of proceedings for the location and construction of a county ditch in conformity with Section 4447 and cognate sections of Revised Statutes, are not “funds of the county,” nor “public moneys in the hands of the county treasurer belonging to the county,” within the meaning of Section 1277, Revised Statutes; and where one who has contracted for the construction of all or a part of a county ditch has been fully paid by the county treasurer on warrants issued to such contractor by the county auditor, when the work of 'construction so contracted for was but partially performed-, the prosecuting attorney is not authorized by said Section Í277 to bring and maintain an action to recover back from the contractor the amount received by-him in excess of the work actually performed.</p>