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BRAUER v. CITY OF CLEVELAND

No. 39933.

7 Ohio St. 2d 94 (1966)

BRAUER, APPELLEE, v. CITY OF CLEVELAND ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 6, 1966.

Attorney(s) appearing for the Case

Mr. Henry DuLaurence, Messrs. Van Aken, Whiting, Arnold, Bond & Withers, Mr. William Van Aken, Mrs. Esther Rice Battenfeld, Mr. Joseph L. Abrams and Mr. Paul H. Oppmann, for appellee.

Mr. Bronis J. Klementowicz, director of law, Mr. Daniel J. O'Loughlin, Mr. Richard J. Marco and Mr. James P. Mancino, for appellants.

Per Curiam.

Although taxpayers' suits are recognized in equity, there is no authority for the allowance of attorney fees as costs in such cases unless a fund is created or preserved. 5 A. L. R. 2d 874, 877.

Section 733.61, Revised Code, specifically authorizes that fees be allowed plaintiff's counsel and taxed as costs if judgment is finally ordered in plaintiff's favor in an action brought for an injunction when the city has refused to file the action...

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