Ohio Supreme Court December 15, 1878 (Board of Commissioners v. Noyes)

White, J.

Two questions arise in this case :

1. Whether the board of commissioners has legal capacity to sue, assuming a cause of action is shown to exist for the use or benefit of the county.

2. Whether the pleadings show such a cause of action.

The first question, in our opinion, must be answered in the affirmative; the second in the negative.

As to the first question.