Nichols v. City of Cleveland
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; John M. Killits, Judge. Action by Viola M. Nichols against the City of Cleveland. There was a judgment of dismissal, and plaintiff brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; John M. Killits, Judge. Action by Viola M. Nichols against the City of Cleveland. There was a judgment of dismissal, and plaintiff brings error. Viola M. Nichols brought suit September 19, 1912, for recovery of specific real property, alleging that ever since March 6, 1895, the city of Cleveland had kept her out of the possession, and also excluded her from the rents, issues, and profits, and refused to account for or pay any part of them; that the rents, issues, and profits and the…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The facts set out in the statement give rise to several difficult questions. In the first place, the proceeding begun in the Cuyahoga probate court to assess compensation for the property condemned was founded upon an Ohio statute enacted April 5, 1893, which in terms was limited (a) to “cities of the second grade of the first class,” and (b) to “a period of seven years” duration from and after its passage (90 Ohio I/Ocal Raws, § 1, p. 100, and section 21, p. 106). Under the statutory classification then prevailing the city of Cleveland was the only…
2Cases cited10 opinions
- Grays Harbor Logging Co. v. Coats-Fordney Logging Co.Supreme Court of the United States · 1917
- Swift v. McPhersonSupreme Court of the United States · 1914
- Commonwealth v. KileyMassachusetts Supreme Judicial Court · 1889
- Iron Mountain R. Co. of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1899
- Southern Railway Co. v. Postal Telegraph-Cable Co.Supreme Court of the United States · 1901
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3Cited by2 opinions
- Auto Acetylene Light Co. v. Prest-O-Lite Co.Court of Appeals for the Sixth Circuit · 1921
- Emmke v. De SilvaCourt of Appeals for the Eighth Circuit · 1923