State Ex Rel. City of Fostoria v. King

Case No. 32387 is an action in mandamus originating in this court and was heard on a demurrer to the petition.

So far as material to consideration of the question presented, the petition alleges that the city of Fostoria, a noncharter city, had “constructed and tor many years # * * operated and is now operating as a public utility sewers and appurtenant facilities for the collection and disposal of sanitary sewage in said city, the service of which was and is furnished by said city generally to all properties therein without discrimination, within the limits of the capacity of the system”;…