Lessee of Cincinnati v. First Presbyterian Church
Ohio Supreme Court
This cause was adjourned from the county of Hamilton, and came before the court, upon a motion, by the defendants, for a new trial. The facts material to the point decided are these.
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This cause was adjourned from the county of Hamilton, and came before the court, upon a motion, by the defendants, for a new trial. The facts material to the point decided are these. The proprietors of the city of Cincinnati, at the time .of originally laying out the grounds for a town, set apart the ground in controversy for a public use, designating the lots, on the map, with red ink, and indorsing a note in these words: “ The town lots given for public uses are numbered and painted with red ink." The first settlers planted their first church on a part of these grounds, and continued to…
1Opinion of the Court
Judge Lane
delivered the opinion of the court:
The principle, that the sovereign power of a state is not bound by statutes of limitation, without express words, obtained in the earliest stages of the common law, and has descended to this day. This rule is sometimes of odious application; but it is adopted as incidental to sovereignty† and necessary to preserve against neg-ligence *or cupidity, those rights which the state has acquired or retained.
*313This immunity, however, seems to be an attribute of sovereignty -only. No ease is found in the books which exempts any other description of person,…
2Cited by15 opinions
- Lane v. KennedyOhio Supreme Court · 1861
- City of Cincinnati v. EvansOhio Supreme Court · 1855
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- Brooks v. RidingIndiana Supreme Court · 1874
- State, Department of Transportation v. SullivanOhio Supreme Court · 1988
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