State ex rel. Miller v. Price

On their demurrer to the amended petition, respondents contend that relator cannot bring this action because he is a nonresident and therefore not beneficially interested in the relief sought.

Section 733.58, Revised Code, reads:

“In case an officer # * of a municipal corporation fails to perform any duty expressly enjoined by * * * ordinance, the solicitor shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty.”

Section 733.59, Revised Code, reads so far as pertinent:

“If the city solicitor fails, upon the request of any taxpayer of such…