Ohio State Reports Volume 27

Ohio State Reports Volume 27

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...for collection. The original action was commenced in the court of common pleas ot' Lucas county, by the plaintifls in error, who were owners of lots assessed, but which did not abut upon the extension of Division street, against the city of Toledo and the treasurer of Lucas county, to restrain the collection of the assessment so made upon their lots. The court of common pleas granted an injunction, but on appeal to the district court, the petition of the plaintiffs was dismissed. The plaintifls now seek a reversal of the judgment of the district court. l Kent, Newton' ' Pugsley, and J. M. Rite/wy and S. O. Gris/wold, for plaintiffs in error. J. K. Hamilton, and WilZz'am Heisley and John F. Weh, for defendants in error. McILvAINn, J. I will state and consider the principal objections urged against this assessment, by the plaintiffs in error, in the following order: 1. The apportionment of the assessment according to-benefits, and not in proportion to the foot front or according to the valuation for taxation, was unauthorized. 2. The assessment was levied upon lots belonging to the plaintiffs, which were not subject to the charge. 3. Before the apportionment was made, the specific lots to be charged should have been designated by the council_ 1. Whether these objections be well taken or not, depends upon the proper construction of the proviso in section 539 of the municipal code, as amended March 29, 1872 (69 Ohio L. 59), which was in force at the time the proceedings complained of were being conducted. And before quoting the proviso, it would be well to re I mark that its termsmust be construed, not only in connection with those of other sections to which reference is therein made, but also in the light of the whole scheme of special...
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Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236979508
  • 9781236979506