Smith, a Taxpayer v. Reed

OPINION

By MATTHEWS, J.

This is an action by the plaintiff as a taxpayer on behalf of the city of Lockland, to recover a judgment for money based on fines collected from various persons found guilty by the defendant of violating ordinances of the city of Lockland, of which he was mayor, and m which capacity he acted in rendering judgments against them. These fines were collected and have been retained since then by the defendant. This action was begun in 1939.

The defendant demurred to the petition on two grounds:(1) That the cause of action is barred by Uie statute of limitations; and, (2) That…