Markos v. Cain

OPINION

By GESSAMAN, J.

On demurrer of defendant to the amended petition on the ground that it does not state facts sufficient to constitute a cause of action.

Plaintiff seeks to enjoin the defendant from certifying to City Council the transcript of the proceedings of the County Commissioners ordering the annexation to the City of Columbus of 168 acres of Marion Township. Judge Harter sustained a demurrer to the petition on the ground that plaintiff had not alleged facts showing that he is a “person interested.” Sec. 707.11 R. C. An amended petition was then filed. The new allegations upon which…