Ridenour v. Saffin
Ohio Superior Court, Cincinnati
The action in the Court below was brought by the plaintiffs as assignees of McKeon & Reynolds, to. recover the amount of an assessment laid upon the defendants’ property, by the city of Cincinnati, to pay in part for the grading and macadamizing of the Harrison road, being a public highway within the city.
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The action in the Court below was brought by the plaintiffs as assignees of McKeon & Reynolds, to. recover the amount of an assessment laid upon the defendants’ property, by the city of Cincinnati, to pay in part for the grading and macadamizing of the Harrison road, being a public highway within the city. It was proven by the plaintiffs on the trial, that a petition having been presented, by certain owners of adjacent property, to the City Commissioners, for the improvement of the road, they reported an ordinance to the City Council for that purpose, providing that the road should be graded…
1Opinion of the CourtSpencer, J.
With regard to the error first assigned, it is enough to say, that the refusal of the Court to grant a non-suit in any case, is matter of discretion merely, and does not therefore constitute the ground for a petition in error.
The 3d and 4th assignments of error involve substantially the same matters, and will therefore be considered together.
*469It is claimed by the plaintiff in error, that the plaintiffs below were not entitled to recover, 1st, because the General Assembly could not confer upon the City Council of Cincinnati authority to levy a special tax or assessment upon the owners of…
2Cases cited2 opinions
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
- In re the Mayor of New-YorkNew York Supreme Court · 1814
3Cited by5 opinions
- Reynolds v. GreenOhio Superior Court, Cincinnati · 1871
- Ridenour v. BiddleOhio Circuit Courts · 1907
- Ridenour v. BiddleLucas Circuit Court · 1907
- Scully v. City of CincinnatiOhio Superior Court, Cincinnati · 1871
- State ex rel. Bader v. City of Cincinnati, Court of Common Pleas of Ohio, Hamilton County1896