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· 6/7/1910

State ex rel. Clark County v. Collins

Citations

  • 82 Ohio St. (N.S.) 240

Syllabus

<p>Copies to be filed with pleading — Evidence of indebtedness — 6Vc-tions 5085 and 5086, Revised Statutes — Action upon official bond of county commissioner — To recover indemnity — On account of negligence of board of county commissioners.</p> <p>1. Sections 5085 and 5086, Revised Statutes, authorize a pleader to attach copies of accounts or of such instruments only as are evidence of indebtedness existing at the time of their execution, or are instruments for the unconditional payment of . money only.</p> <p>2. A11 ' action cannot be maintained upon the official bond of a county commissioner to recover indemnity to the county on ., , account of damages which it has been compelled to pay for injuries to persons and property resulting from the negligence of the board of county commissioiiers in maintaining a highway.</p>

Judges: Crew, Davis, Iauck, Price, Spear, Summers

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