Marr v. Schuster

This ease is before this court on a motion to dismiss the appeal, on the ground that the cause is not appealable.

To grant the relief sought in this action w'ould require the court to cause a recount of the ballots cast at the November, 1926, election, on the question of the adoption of a charter for the city of Hamilton, Ohio. The petition does allege the unlawful expenditure of money, and the action is a taxpayer’s suit to enjoin the same. However, this relief depends upon the result of the vote on the question of the adoption of the charter.

There was an attempt to contest the election on…