YOUNG v. CITY OF DAYTON

No. 2686.

116 Ohio App. 271 (1962)

YOUNG, A TAXPAYER, APPELLANT, v. CITY OF DAYTON ET AL., APPELLEES.

Court of Appeals of Ohio, Montgomery County.

Decided July 19, 1962.


Attorney(s) appearing for the Case

Messrs. Young, Pryor, Strickland & Falke, for appellant.

Mr. Herbert S. Beane, city attorney, for appellees.


CRAWFORD, P. J.

Plaintiff has appealed on questions of law from an order sustaining a demurrer to his amended petition and dismissing the action, he having elected not to plead further.

The amended petition recites that plaintiff brought the action as a taxpayer, and that the solicitor of the defendant city of Dayton has refused to comply with a proper demand to bring the action, said demand having been made on June 26, 1961.

It is alleged that, while...

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