Raguet v. Wade
Ohio Supreme Court
Reserved from Hamilton county. The declaration is for taking and carrying away goods, etc., of the plaintiff to the value of five hundred dollars. The defendant pleads, first, the general issue. Second. That the defendant was treasurer of the county of Hamilton, and as such was authorized by law to collect all taxes assessed by and under the authority of the State of Ohio within said county.
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Reserved from Hamilton county. The declaration is for taking and carrying away goods, etc., of the plaintiff to the value of five hundred dollars. The defendant pleads, first, the general issue. Second. That the defendant was treasurer of the county of Hamilton, and as such was authorized by law to collect all taxes assessed by and under the authority of the State of Ohio within said county. That at the time of seizing and taking said goods the plaintiff was a merchant, selling goods, wares, and merchandise, within said county, and was subject to pay a tax upon his capital employed, etc., and…
1Opinion of the Court
Opinion of the court, by
Judge Swan:
This presents an inquiry of acknowledged delicacy, concerning the constitutional powers of the general and state ^governments. The question is deeply interesting to this state, as her citizens must depend upon this general legislative authority for the preservation of their faith and the completion of the public works they have undertaken. It is imposing, as it involves the exercise of sovereign power. The acts of the legislature, supposed to be in conflict with the constitution and laws of the United' *98States, were passed February 3,1825, and January…
2Cases cited3 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Brown v. MarylandSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
3Cited by3 opinions
- Wegner Bros. v. E. J. Biering & Co.Texas Supreme Court · 1886
- Judge of Benton County Court v. PriceSupreme Court of Alabama · 1844
- Abbott v. StraffordSupreme Court of New Hampshire · 1871