State ex rel. Pros. Atty. v. Western German Bank

Citations

• 22 Ohio C.C. Dec. 496

Syllabus

<p>COUNTIES — INTEREST.</p> <p>1. Prosecutor May Maintain Action for Recovery of Interest on ' County Funds Unlawfully Deposited.</p> <p>A prosecuting attorney may maintain an action for the benefit of the county under R. S. 1277 (Gen. Code 2921) for recovery from a bank of interest on public funds deposited therein, whether so deposited lawfully or otherwise.</p> <p>2. Six not Four Years’ Limitation Applies to Action for Recovery of Interest on County Funds.</p> <p>An action for recovery of interest on county' funds deposited without authority is brought for the benefit of a county; hence the state is not a real party in interest, and the six years’ statute of limitations prescribed by R. S. 4981 (Gen. Code 11221), and not the four years’ limitation provided by R. S. 4982 (Gen. Code 11224) is available.</p>