Legal Opinion · Dissent

Rhinehart v. Schuyler

Illinois Supreme Court

Decided December 15, 1845Published

Ejectment in the Adams Circuit Court, brought by the appellees against the appellant, and heard before the Hon. Jesse B. Thomas and a jury, at the October term 1843. ■Verdict for the plaintiffs below, and a judgment for possession, &c. The defendant appealed to this Court.

1Dissent

The following dissenting Opinion was delivered by

Scates, J.

The only question of importance in this case is, whether the Act of 1827, declaring what property shall be taxable, and prescribing the mode of levying that tax, is conformable to the Constitution of this State. To this this .question I apply myself, not without distrust of my own judgment, in differing with the Court.

The Constitution prescribes and limits the power of the Legislature in this language: “That the mode of levying a tax shall be by valuation, so that every person shall pay ? tax in proportion to. the value of the…

2Cases cited2 opinions

  1. Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
  2. Inhabitants of Paris v. Inhabitants of HiramMassachusetts Supreme Judicial Court · 1815

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