State Ex Rel. Walters v. City of Bellevue

This is an appeal by plaintiff-appellant on questions of law from the judgment of the Common Pleas Court sustaining the demurrer to the petition filed by the sole defendant, city of Bellevue, and dismissing the petition.

The plaintiff is denominated in the caption of the petition as “State of Ohio, ex rel. R. Dayton Walters.” Except for the caption and the allegations that petitioner is a taxpayer, the petition does not strictly conform to the ordinary petition for a writ of mandamus and the prayer bears the aspects of seeking relief by way of mandatory injunction, to wit:

“Your petitioner…