State Ex Rel. City of Cincinnati v. Urner

During the course of this opinion the city of Cincinnati will be designated as relator and Henry Urner, city auditor, and George C. Schiele, city treasurer, will be designated as respondents.

A careful examination of the allegations of the petition discloses that no cause of action is stated against the respondent Schiele. Under the facts alleged in the petition (admitted to be true by the demurrer) Schiele as city treasurer had no authority to pay out any sum of money to Gerwin unless and until there was presented to such respondent a warrant drawn by the respondent Urner as city auditor. No…