City of Cleveland v. United States
Court of Appeals for the Sixth Circuit
Ill Error to the Circuit Court of the United States for the Eastern District of Tennessee. In 1805 the plaintiff in error contracted for a supply of water for public uses, and for the lighting of its streets by electricity. The tax budget for that year included a tax of 22 cents on each $100 of assessable values for the purpose of paying for the water supply so to be provided, and of 18' cents to meet the expenses of public lighting.
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Ill Error to the Circuit Court of the United States for the Eastern District of Tennessee. In 1805 the plaintiff in error contracted for a supply of water for public uses, and for the lighting of its streets by electricity. The tax budget for that year included a tax of 22 cents on each $100 of assessable values for the purpose of paying for the water supply so to be provided, and of 18' cents to meet the expenses of public lighting. This tax was collected, and a part applied on the current contracts, hut the remainder has never been so used, hut remains in the city treasury or unaccounted…
1Opinion of the CourtBurton, Circuit Judge
What are the limitations upon the taxing powers of the plaintiff in error? The return shows that a tax aggregating 75 cents had been laid and was in process of collection when the alternative writ issued. The insistence of the city was 'and is that no authority exists for the levy of any greater rate of tax, and none for any special tax to pay judgments upon claims of the character of that represented by relator. The question as to whether the whole or any part of the fund arising from the tax so already assessed can be appropriated to the payment of the relator’s judgment may be postponed,…
2Cases cited17 opinions
- United States v. New OrleansSupreme Court of the United States · 1879
- Louisiana v. New OrleansSupreme Court of the United States · 1880
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- Ralls County Court v. United StatesSupreme Court of the United States · 1882
- Seibert v. LewisSupreme Court of the United States · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Cleveland v. United StatesCourt of Appeals for the Sixth Circuit · 1909
- Uncas National Bank v. City of SuperiorWisconsin Supreme Court · 1902
- State Ex Rel. People's Bank v. GoodwinSupreme Court of South Carolina · 1908
- Village of Kent v. United States ex rel. DanaCourt of Appeals for the Sixth Circuit · 1902
- Wilson v. County Court of Clay CountyWest Virginia Supreme Court · 1934
5 more not listed; retrieve them via the Exa API.