State ex rel. Board of Education v. Griffith

Citations

• 74 Ohio St. (N.S.) 80

Syllabus

<p>.Public officer liable for malfeasance in office, when — Sureties on official bond — Answerable only within the letter of their contract — For unfaithful performance of his official duties — Not for dereliction outside limits of his office — Section 8985, Revised Statutes — Duty of cleric of board of education.</p> <p>1. A public officer is personally, and may be even criminally, liable for malfeasance in office; but tbe sureties on his official bond are answerable only within tbe letter of their contract for tbe unfaithful performance of bis official duties and not for dereliction outside of tbe limits of bis official duties. State v. Carter, 67 Ohio St., 422, distinguished.</p> <p>2. Tbe clerk of a board of education is not authorized, nor is it made bis duty by statute, to receive and become tbe custodian of tuition funds belonging to such board, and such board is not empowered by section 3985, Revised Statutes, to make a rule conferring such authority or imposing such duty on tbe clerk of tbe board; and where pursuant to such a rule, the clerk of tbe board was permitted to and did receive and have tbe custody of tuition funds which be failed to safely keep and account for, tbe sureties on bis statutory bond are not liable therefor.</p>