City of Wapakoneta v. Helpling

The legal questions involved in this action are: (1) Does' the city solicitor of the relator city, under the facts of this case, have authority to institute this action under favor of Section 4313, General.Code! (2) May the Court of Appeals'in a mandamus action, on consideration of motions by the respondents to strike out substantial portions of the petition, sua sponte strike the petition itself from the files and quash the alternative writ of mandamus, when the court finds that the relator is without legal capacity to sue; that none of the defendants owes any duty the performance of which…