Legal Opinion

Lewis v. Laylin

Ohio Supreme Court

Decided December 10, 1889Published

Error to the Circuit Court of Huron County» This action was brought in the Court of Common Pleas of Huron County against the commissioners, auditor, treasurer and surveyor of the county, to enjoin the collection of a tax that had been assessed under the provisions of the two-mile assessment pike law.

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Error to the Circuit Court of Huron County» This action was brought in the Court of Common Pleas of Huron County against the commissioners, auditor, treasurer and surveyor of the county, to enjoin the collection of a tax that had been assessed under the provisions of the two-mile assessment pike law. The plaintiffs set forth in their petition as grounds for relief certain alleged irregularities that appeared upon the face of the proceedings instituted and carried on before the county commissioners to secure the projiosed improvement, as well as certain others which did not so appeal’, and…

1Opinion of the CourtBbadbuuy, J.

That the commissioners had jurisdiction of the proceedings prosecuted before them to establish the improvement;, is shown by the finding of the court, provided they had authority to improve that part of the highway which extended into the corporate limits of the city of Norwalk.

The finding of the circuit court in respect to both law and fact is full and complete, and presents the questions in contention between the parties here with unusual clearness. To some of these findings the plaintiffs below excepted, and counsel in argument refer to them; but, as no cross-petition in error has been…

2Cases cited3 opinions

  1. Beebe v. ScheidtOhio Supreme Court · 1862
  2. Ferris v. BrambleOhio Supreme Court · 1855
  3. Burrows v. VandevierOhio Supreme Court · 1828

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