City of Cincinnati v. Fenner

Jackson, J.,concurring; Demp.sey, J., dissents.

This is a proceeding in error to reverse the judgment of this court in Special Term.

The action below was by a tax-payer, to enjoin the city of Cincinnati and the Board of Public Service of said city from awarding certain street repair bonds which the said Board ■of Public Service proposed to issue, pursuant to the act of April 26, 1898 (O. L., Volume 93, page 374). Ths act authorized the administrative board of the city to issue bonds not to ■exceed, in any one year, the sum of $100,000, to '.be used for the repair of a certain class of streets,…