
    No. 265
    No. 19988
    Charles P. Lynch v. Board of Education of City of Lakewood.
    'Error to the Court of Appeals of Cuyahoga county.
    969a. PUBLIC FUNDS — 1. Advisory duty imposed upon Attorney General by virtue of 286 GC., in recovery of public money illegally expended by political subdivision of state.
    2. Where board of education makes such expenditures primary duty is upon city solicitor and failure to discharge such duty resulting in an adverse judgment does not destroy court’s jurisdiction or render void the judgment.
   MARSHALL, C. J.

1. Section 286, General Code, imposes an advisory duty upon the attorney general in regard to the recovery of public money illegally expended by any political subdivision of the state, and where such expenditures are not made from the state treasury.

2. Where such expenditures are made by a board of education of a city, the primary official duty and responsibility rests upon the city solicitor or director of law, and a failure to discharge that duty and a failure by him to co-operate with the attorney general, resulting in an adverse judgment, does not destroy the jurisdiction of the court, or render the judgment void.

3.Where the court rendering judgment has jurisdiction of the subjectmatter of the action and of the parties, and fraud has not intervened, and the judgment is voluntarily paid By satisfied, such payment puts an end to the controversy, and takes away from the defendant the right to appeal or prosecute error or even to move for vacation of judgment.'

Judgment reversed.

Allen, Kinkade and Robinson, "JJ., concur.  