State, Ex Rel. v. Cooper, Gov.

By the Court.

This cause was before this court at a previous term, having been submitted on a demurrer of the defendant to the petition of the relator. We then held that the petition stated a good cause of action against the superintendent of public works and overruled his demurrer to the petition. That feature of the case is reported by this court in State, ex rel. Cope, v. Cooper, Governor, 122 Ohio St., 321, 171 N. E., 399. Subsequently the superintendent of public works filed his answer to the petition, and the case is again submitted to this court upon the petition, the answer of the…