Legal Opinion

Worthington v. Sebastian

Ohio Supreme Court

Decided December 15, 1874Published

Reserved in the District Court of Hamilton county. The original petition in this action was filed in Hamilton Common Pleas on the 28d of November, 1869. It sets out the following facts: “The said Julia, for whose sole use this action is brought, has owned bonds of the Indianapolis and Cincinnati Railroad Company, of the nominal value of $11,500, since September, 1864. This railroad company is a corporation of the State of Indiana, owning and operating a railroad between the…

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Reserved in the District Court of Hamilton county. The original petition in this action was filed in Hamilton Common Pleas on the 28d of November, 1869. It sets out the following facts: “The said Julia, for whose sole use this action is brought, has owned bonds of the Indianapolis and Cincinnati Railroad Company, of the nominal value of $11,500, since September, 1864. This railroad company is a corporation of the State of Indiana, owning and operating a railroad between the cities of Lawrenceburg and Indianapolis, in that state. In accordance with its charter, the company issued a series of…

1Opinion of the CourtWelch, J.

The case presents two questions: 1. Were these taxes legally and constitutionally assessed ? 2. If so, are the plaintiffs entitled to recover them back from the treasurer ?

The taxes were assessed under the act of April 5, 1859, (S. & C. 1438), and it is not denied that the assessments were made in conformity to the requirements and provisions of that act. The act subjects to taxation “ all moneys, *8credits, investments in bonds, stocks,” etc., “ of persons residing ” in the state, and especially declares that the terms “stocks” and “bonds” shall apply as well to stocks and bonds issued outside…

2Cases cited1 opinion

  1. Thomas v. Mason County CourtCourt of Appeals of Kentucky · 1868

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