State ex rel. Blackwell v. Bachrach

The capacity of relator as a taxpayer to maintain this action was decided by both courts below in relator’s favor, and we believe properly so. Brissel et al., Commrs., v. State, ex rel. McCammon, 87 Ohio St., 154, 100 N. E., 348. See, also, the distinction between the enforcement of private rights and that of public rights as delineated by Longworth, J., in State, ex rel., v. Henderson, 38 Ohio St., 644, 648.

We are also of the opinion that the courts below were correct in holding that relator should not be denied relief for the sole reason that the prayer of his petition seeks an election on…