Legal Opinion

Cincinnati Street Railroad v. Smith

Ohio Supreme Court

Decided December 15, 1876PublishedCited by 23 opinions

Motion for leave to file petition in error to reverse the-judgment of the Superior Court of Cincinnati. The petition is as follows: Plaintiff's state that they are tax-payers of the said city of Cincinnati, and that it is a part of the duty of the solicitor to “ apply to a court of competent jurisdiction for an order or injunction to restrain the misapplication of the-funds of the corporation, or the abuse of its corporate powers, or the execution or performance of any…

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Motion for leave to file petition in error to reverse the-judgment of the Superior Court of Cincinnati. The petition is as follows: Plaintiff's state that they are tax-payers of the said city of Cincinnati, and that it is a part of the duty of the solicitor to “ apply to a court of competent jurisdiction for an order or injunction to restrain the misapplication of the-funds of the corporation, or the abuse of its corporate powers, or the execution or performance of any contract made in behalf of the corporation in contravention of the laws or ordinances governing the same, or which was…

1Opinion of the CourtGilmore, J.

The suit was commenced in the court below by the city solicitor, in the name of certain tax-payers of the corporation, and the first question raised by the demui’rer to the petition is: Had the plaintiffs legal capacity to sue?

The suit was brought under section 159 of the municipal code, which reads as follows: “He (the city solicitor) shall apply to a court of competent jurisdiction for an order of injunction to restrain the misapplication of the funds of the corporation, or the abuse of its corporate powers, or the execution or performance of any contract made in behalf of the corporation…

2Cited by23 opinions

  1. Stevens v. St. Mary's Training SchoolIllinois Supreme Court · 1893
  2. Grand Rapids E. L. & P. Co. v. Grand Rapids E. E. L. & F. G. Co.U.S. Circuit Court for the District of Western Michigan · 1888
  3. Himebaugh v. City of CantonOhio Supreme Court · 1945
  4. Blanshard v. City of New YorkNew York Supreme Court · 1931
  5. Automatic Refreshment Service, Inc. v. City of CincinnatiOhio Court of Appeals · 1993

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