State ex rel. Foster v. Wittenberg

In his petition in the instant case, relator alleges that under Section 2151.10, Revised Code, there is a mandatory duty to appropriate the sums requested. He' alleges also that respondent had funds from which it could have made the necessary and requested appropriations.

Respondent demurs on the ground that the petition does not state a cause of action. It is respondent’s position that the failure to allege in the petition that the respondent presently has funds available for appropriation makes such petition subject to demurrer. The demurrer does not raise the question of the reasonableness…