Billington v. Cotner

I

Day, J.

This appeal stems from the refusal of the Court of Common Pleas to allow attorney fees to the plaintiff for services in a taxpayer’s suit filed by him pursuant to R. C. 733.59 1 and the Charter of the City of Cleveland, Section 92. 2 The plaintiff taxpayer sought to restrain the defendants from printing, mailing and expending funds to print and mail copies of Cleveland Ordinance No. 1918-69, containing a proposed charter amendment, to the electors of the City of Cleveland. 3

The trial court found against the plaintiff, denied the restraints sought, ordered him to pay costs and set the…