TAFT, C. J.
Because of the concurring opinion by Judge Schneider, we will first consider whether plaintiff has a right to maintain this action.
It is alleged in the petition that plaintiff is a taxpayer of the city of Oberlin and brings this action on behalf of the city, that as such taxpayer plaintiff duly requested in writing the city solicitor to bring this action, and that said solicitor declined in writing to bring the action. Defendant's answer admits...
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