Smith v. Lynch
Ohio Supreme Court
Motion for leave to file a petition in error to the District Court of Cuyahoga county. This was an action brought by Smith in the superior court of Cleveland to restrain .the collection of a tax assessed by the board of health of the village of West Cleveland upon the plaintiff’s lots situate therein for the expense and cost of removing a nuisance from the lots.
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Motion for leave to file a petition in error to the District Court of Cuyahoga county. This was an action brought by Smith in the superior court of Cleveland to restrain .the collection of a tax assessed by the board of health of the village of West Cleveland upon the plaintiff’s lots situate therein for the expense and cost of removing a nuisance from the lots. The ordinance of the village council establishing the board of health by whose orders the nuisance was so removed, was not read on three several days, nor were the yeas and nays of the members of the council voting for the suspension…
1Opinion of the CourtWelch, C. J.
The questions argued by counsel are: 1. Had the superior court jurisdiction ? 2. Are the requirements of the statute as to the manner of passing the ordinance mandatory, or are they merely directory? 3. If these requirements are mandatory, are the persons so acting to be regarded as a board health defacto ? We are satisfied that the last named of these questions must be answered in the affirmative. It is unnecessary, therefore, to consider the first and second questions. In other words, we think that, under the circumstances, the board is to be regarded as a board de -facto. Whether it was a…
2Cited by8 opinions
- State ex rel. Bockmeier v. ElyNorth Dakota Supreme Court · 1907
- Lesem v. GettyCalifornia Court of Appeal · 1937
- State ex rel. Marshall v. KellerOhio Supreme Court · 1967
- Bloom v. City of XeniaOhio Supreme Court · 1877
- State ex rel. Allee v. McCoySuperior Court of Delaware · 1896
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