Johnson's Administrator v. Kelly , 1 Ohio Ch. 353 ( 1833 )

By the Court.

The defendants are public officers. If it be true that their refusal deprived the plaintiff of a right to the money, they should be compelled to pay by mandamus. They cannot be made liable in an action on the case, unless they .have acted wilfully and oppressively. There is no evidence upon that point.

Nonsuit ordered. .