Tone v. Columbus
Ohio Supreme Court
Error. Reserved in the District Court of Franklin county. The plaintiffs filed in the court of common pleas of Frank- • lin county a petition, the material parts of which are as follows: “ The plaintiffs say that they are the duly appointed and qualified executrix and executor of the last will and testament of Minor P. Tone, deceased.
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Error. Reserved in the District Court of Franklin county. The plaintiffs filed in the court of common pleas of Frank- • lin county a petition, the material parts of which are as follows: “ The plaintiffs say that they are the duly appointed and qualified executrix and executor of the last will and testament of Minor P. Tone, deceased. The defendant, the city of Columbus, is a city of the second class, duly organized under the laws of Ohio; the defendant, P. W. Corzilius, is the county treasurer of said Franklin county, and, as such, ex officio city treasurer of the said city of Columbus. “ On…
1ConcurrenceOkey, J.
I concur in the judgments rendered in these cases, and generally in the views expressed by the majority as to the questions directly presented by the record; but I do not concur in the view that, in a case like this, there may be an estoppel by silence. That question is not presented now, but it may become important in’the further hearing of the causes, 'and hence it has been deemed proper to consider it. In my opinion, where a municipal corporation grades and paves, in an ordinary manner, one of the public streets to which it has a title in fee, and seeks to charge, under an unconstitutional…
2Cases cited5 opinions
- Starr v. City of BurlingtonSupreme Court of Iowa · 1876
- Quinlan v. MyersOhio Supreme Court · 1876
- State v. Little Rock, Mississippi River & Texas Railway Co.Supreme Court of Arkansas · 1877
- State ex rel. Board of Education v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- In Matter of Petition of Van BurenNew York Court of Appeals · 1880