STATE, EX REL. CATON v. ANDERSON

No. 33062.

159 Ohio St. 159 (1953)

THE STATE, EX REL. CATON, APPELLANT, v. ANDERSON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 18, 1953.


Attorney(s) appearing for the Case

Mr. M. L. Okun and Mr. Dale K. Anderson, for appellant.

Mr. John J. McCarthy, director of law, and Mr. Thomas W. Christian, for appellees.


STEWART, J.

The sole question presented to this court is whether relator's amended petition states a cause of action.

The respondents argue that on the facts pleaded there is no moral obligation on the part of the city to pay the claim, contending that a moral obligation of a municipality is an obligation of such a nature that it would be enforceable at law except for the exemption from liability of the municipality because of its governmental capacity.

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