Legal Opinion

Sisler v. Foster

Ohio Supreme Court

Decided May 23, 1905No. 8718Published

Error to the Circuit Court of Summit county. The action below was begun March 14,1902, in the common pleas of Summit by the defendant in error, Horace B. Foster, against the plaintiff in error as county Auditor, to procure an injunction preventing the Auditor from placing on the tax duplicate, for taxation for the years 1896, 1897, 1898, 1899, 1900 and 1901, certain personal assets, consisting of moneys, credits, stocks, securities, and rights in action, amounting in the…

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Error to the Circuit Court of Summit county. The action below was begun March 14,1902, in the common pleas of Summit by the defendant in error, Horace B. Foster, against the plaintiff in error as county Auditor, to procure an injunction preventing the Auditor from placing on the tax duplicate, for taxation for the years 1896, 1897, 1898, 1899, 1900 and 1901, certain personal assets, consisting of moneys, credits, stocks, securities, and rights in action, amounting in the aggregate to forty-five thousand dollars in value, or over. The Auditor answered by general denial. At the October term,…

1Opinion of the CourtSpear, J.

From the finding of facts and the testimony shown by the hill of exceptions the following pertinent and controlling facts appear:

April 9, 1886, the defendant in error, Foster, was a resident of the village of Hudson, Summit county, Ohio, which village was in the township of Hudson, .and, has remained such resident all of the time since *440that date. At that time his children were Jessie E. Foster, of full age, Horace Wood Foster, four years of age, and Marie Josephine Foster, about two years of age, all living with the father in the village of Hudson, and the last two named continued to so live…

2Cases cited8 opinions

  1. Shotwell v. MooreSupreme Court of the United States · 1889
  2. Mitchell v. Board of Commissioners of Leavenworth County, KansasSupreme Court of the United States · 1876
  3. Jones v. Board of CommissionersNebraska Supreme Court · 1880
  4. Poppleton v. Yamhill CountyOregon Supreme Court · 1880
  5. Holly Springs Savings & Insurance v. Board of SupervisorsMississippi Supreme Court · 1876

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