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CINCINNATI v. KELLOGG.

No. 31926.

153 Ohio St. 291 (1950)

CITY OF CINCINNATI, APPELLEE, v. KELLOGG, CITY MGR., ET AL., APPELLEES; SHANNON, A TAXPAYER, APPELLANT.

Supreme Court of Ohio.

Decided March 29, 1950.

Attorney(s) appearing for the Case

Mr. Henry M. Bruestle, city solicitor, and Mr. Robert J. White, for appellee city of Cincinnati.

Mr. Maurice W. Jacobs and Mr. J. B. Grause, Jr., for appellee city manager, director of public utilities, acting city auditor and city treasurer.

Messrs. Taft, Stettinius & Hollister, for appellee Cincinnati Street Railway Company.

Mr. David L. Shannon, in propria persona.

WEYGANDT, C. J.

In the instant case the Court of Appeals held that the trial court was not in error in refusing to permit the taxpayer to become a party. Was this correct?

Counsel on each side cite the case of City of Middletown v. City Commission of Middletown, 138 Ohio St. 596, 37 N.E.2d 609. In the first paragraph of the syllabus in that case a majority of this court held:

"Where the solicitor of a municipal corporation has instituted...

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