Billington v. Cotner

Under R. C. 733.59 and 733.61, if a taxpayer brings suit to enjoin the misapplication of municipal funds, after the city solicitor has refused to bring the action upon being requested to do so, attorney fees may be allowed to the taxpayer and taxed as costs, provided judgment is finally ordered in his favor. The allowance of fees is permissive and is a matter which lies entirely within the sound discretion of the trial judge. See State, ex rel. Scott, v. Masterson (1962), 173 Ohio St. 402, 406, 183 N. E. 2d 376; Howard v. Cleveland (1964), 95 Ohio Law Abs. 304, 200 N. E. 2d 349.

*19Considerations…