Board of Lights & Waterworks v. Niller

Atkinson, J.,

dissenting-. • On December 31, 1919, William Niller as trustee instituted an equitable action against the Board of Lights -and Waterworks of the City of Marietta, for an accounting, and to' 'recover reasonable and just compensation for certain property alleged to have been delivered by the plaintiff to the latter and applied to its own uses and benefits. The 4th paragraph of the petition as amended alleged: “On January 8th, 1916, your petitioner delivered to the Board of Lights & Waterworks of the City of Marietta, a corporation duly incorporated under an act of the General…