State ex rel. Bowman v. Holmes Co.

Citations

• 35 Ohio C.C. Dec. 384
• 30 Ohio C.A. 249

Syllabus

<p>MANDAMUS — TAXES</p> <p>1. Payments Due from Official Boards Enfofcible by Mandamus.</p> <p>Mandamus is the proper form of action to compel payment of an amount due from a public board or officers under a contract which fixes the amount to be paid.</p> <p>2. Mandamus Lies to Compel Payment of Tax Inquisitor.</p> <p>In the case of a contract executed by county commissioners with a tax inquisitor, providing for payment of a certain percentage of taxes collected on omitted property, mandamus lies to compel the county auditor to issue his warrant in payment thereof.</p> <p>3. County Comimissioners not Parties to Mandamus to Compel Payment of Tax Inquisitor.</p> <p>In such a case, allowance having been made in the contract for whatever claims might arise thereunder, the members of the board of county commissioners are not necessary parties.</p>