City of Cincinnati v. Kellogg

In the instant case the Court of Appeals held that the trial court was not in error in refusing to permit the taxpayer to become a party. Was this correct?

Counsel on each side cite the case of City of Middletown v. City Commission of Middletown, 138 Ohio St., 596, 37 N. E. (2d), 609. In the first paragraph of the syllabus in that case a ma jority of this court held:

“Where the solicitor of a municipal corporation has instituted a suit for injunction under Section 4311, General Code, at the request of a taxpayer, and the court finds that such solicitor is not proceeding in good faith or with…