State Ex Rel. Portmann v. City Council of Massillon

The claim is made that this action, being filed on January 6, 1938, was prematurely instituted because at that time Council of the city of Massillon had not definitely rejected Ordinance No. 3824 which proposed the referendum election upon Ordinance No. 3812. The court might entertain serious doubts as to the propriety of the action at the time it was filed were it not for the admissions contained in the answer filed by the city solicitor on behalf of the council. Contained therein we find this statement:

“Respondents admit that thereafter, upon the dates alleged in the petition, that these…