Brauer v. City of Cleveland

Although taxpayers’ suits are recognized in equity,, there is no authority for the allowance of attorney fees as costs in such cases unless a fund is created or preserved. 5 A. L. R. 2d 874, 877.

Section 733.61, Revised Code, specifically authorizes that fees be allowed plaintiff’s counsel and taxed as costs if judgment is finally ordered in plaintiff’s favor in an action brought for an injunction when the city has refused to file the action after being requested to do so (Section 733.59, Revised Code). That statute does not require that a fund be either created or preserved as a prerequisite…