Himebaugh v. City of Canton

The sole and novel question considered and decided by the Court of Appeals was whether the plaintiffs possess the legal capacity to institute this action inasmuch as they do not allege that they first made a demand on the. solicitor of the city of Canton to bring the suit, as provided by Section 4314, General Code.

The plaintiffs say they have sued under favor of Section 11257, General Code, which provides that when the question is one of a common or general interest of many persons, or the parties are very numerous, and it is impracticable to bring them all before the court, one or more may…