Walker v. Village of Dillonvale

Citations

• 82 Ohio St. (N.S.) 137

Syllabus

<p>Taxpayer may maintain action — In behalf of self and others, when —To recover money illegally paid out of public treasury — Question of compensation of members of village cotmcil — Section 197, Municipal Code.</p> <p>1. In the absence of statutory regulation a taxpayer may maintain an action, on behalf of himself and other taxpayers, to recover money illegally paid out of the public treasury; and in such action may unite as defendants all against whom any relief is asked and whose right will be affected by the determination of the subject of the action.</p> <p>2. Section 197, Municipal Code, as amended in 1904 (97 O. L., 118), fixes the compensation of a member of council of a village at two dollars for each meeting, not to exceed twenty-four meetings in any one year, and it is not necessary that it should have been fixed by an ordinance, passed before the commencement of his term of office, but the council may authorize its payment by a resolution passed after the services have been rendered.</p>