McCaslin v. Perrysburg (Vil.)

Citations

• 20 Ohio C.C. Dec. 103

Syllabus

<p>DRAINS AND DITCHES — MUNICIPAL CORPORATIONS— PARTIES.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Taxpayer oe Unincorporated Village Cannot Sue in Behale oe Village.</p> <p>An individual taxpayer of an unincorporated village having no solicitor cannot, under Rev. Stat. 1778 (Lan. 3281; B. 1536-668) which provides for suits by a taxpayer on behalf of a municipality, bring an action in his own name solely on behalf of the municipality and against the county commissioners to restrain them from proceeding under provisions for the improvement of a county ditch lying partly within the limits of the municipality.</p> <p>[For other cases in point, see 6 Cyc. Dig., “Municipal Corporations,” §§ 3251-3293. — Ed.]</p> <p>2. Constitutionality of Provision for Petitioning for Ditch Improvement by Municipality.</p> <p>Sections 4483, 4484 (Lan. 7667, 7668), providing procedure for the petitioning by a municipality, through its mayor, for the improvement of a county ditch lying partly within the municipal limits, is not unconstitutional for not providing for notice to property owner or for appeal, or for jury, as such sections are to be taken as part of the entire chapter applying to ditches, wherein provision is made for said matters.</p> <p>[Syllabus approved by the court.].</p>