Dixon v. City of Cincinnati
Ohio Supreme Court
This case comes before the court on a writ of certiorari to the mayor of Cincinnati, for the purpose of reversing a judgment of said mayor, in an action of debt, rendered against said Dixon. The transcript, returned in obedience to the writ, contains a history of the proceedings of the city council of Cincinnati, ^relative to the opening of a street in said city, called 'Commerce street, commencing June 5, 1839, and ending July 13,1842, which is certified by the city clerk.
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This case comes before the court on a writ of certiorari to the mayor of Cincinnati, for the purpose of reversing a judgment of said mayor, in an action of debt, rendered against said Dixon. The transcript, returned in obedience to the writ, contains a history of the proceedings of the city council of Cincinnati, ^relative to the opening of a street in said city, called 'Commerce street, commencing June 5, 1839, and ending July 13,1842, which is certified by the city clerk. From this, it appears that the street was opened, the damages assessed, and a special tax assessed upon the proprietors…
1Opinion of the CourtHitchcock, J.
It will be seen, from the statement of the case *249and the errors assigned, that the four first errors question the propriety of the action of the city council of Cincinnati, in laying out and opening a street in that city; also, in assessing the damages sustained, and in assessing a special tax to make compensation for those damages. These proceedings, although they may have led to the subsequent action of the mayor, do not constitute any part of the transcript sent up by him, in obedience to the writ of certiorari. They are not certified by him, but by the city clerk, We have before us, in…
2Cited by14 opinions
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