Reed v. Timberman

This action was brought by the plaintiff, a taxpayer of the state of Ohio for himself and “on behalf of and for the benefit of the citizens and taxpayers of the state of Ohio against a lessee of a tract of land formerly used by the state of Ohio for canal purposes and the Director of Public Works of the state of Ohio.”

The Director of Public Works demurred to the petition on the ground, among other things; that the plaintiff had no capacity to sue; that the action was in effect a suit against the state of Ohio; and that there was no consent on the part of the state to bring the action and no…