State ex rel. Price v. Huwe

Citations

• 103 Ohio St. (N.S.) 546

Syllabus

<p>Mandamus — ■Performance of duty by public officer —State institution for feeble minded — Payment by counties for support of inmates — Section 1815-12, General Code- — Presentation of claim to county commissioners — Parties to mandamus — County commissioners, auditor and treasurer — Insufficient county funds —■ Levy.</p> <p>1. A proceeding in mandamus may be maintained to require a public officer to perform an act which the law specially enjoins as a duty resulting from his office where there is not a plain and adequate remedy in the ordinary course of law.</p> <p>2. The amount due from each county for the support of inmates therefrom in the state institution for feeble-minded youth should ■be determined and the claim therefor presented and paid as prescribed by Section 1815-12, General Code. Presentation of such claim to and allowance by the board of county commissioners is not required.</p> <p>3. An action in mandamus may be maintained to enforce payment of such claim, and, where the petition avers that there were not sufficient funds in the county treasury to pay the same, the county commissioners as well as the auditor and treasurer are proper parties.</p>