Stephan v. Daniels
Ohio Supreme Court
Error to the District Court of Lucas county. The Court of Common Pleas rendered judgment for the defendants in error, on an action to recover back money paid on an assessment alleged to be void after having sustained a demurrer to the answer of the plaintiff* in error. The District Court affirmed the judgment of the court below, except as to the city of Toledo. It was joined with the county treasurer as a defendant.
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Error to the District Court of Lucas county. The Court of Common Pleas rendered judgment for the defendants in error, on an action to recover back money paid on an assessment alleged to be void after having sustained a demurrer to the answer of the plaintiff* in error. The District Court affirmed the judgment of the court below, except as to the city of Toledo. It was joined with the county treasurer as a defendant. This action is brought to reverse the action of the District Court. The facts, sufficient to understand the legal questions,, will be found in the opinion of the court.
1Opinion of the CourtJohnson, J.
This was an action brought against the treasurer of Lucas county (and the city of Toledo, afterward dismissed from the case on error), to recover back an .assessment which it is now admitted was illegal.
The petition alleges that the plaintiffs were the owners ■of a lot in Toledo, which was, on the 5th of May, 1868, .assessed to improve Maumee avenue, in said city, in the ■.sum of $461.33, which was duly certified under the statute to the county auditor, and by him placed on the duplicate for collection by the treasurer, as other taxes are collected.
•By reason that no resolution was passed…
2Cases cited18 opinions
- Erskine v. Van ArsdaleSupreme Court of the United States · 1872
- Wickliffe's Executors v. PrestonCourt of Appeals of Kentucky · 1862
- Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
- Elston v. City of ChicagoIllinois Supreme Court · 1866
- Atwell v. ZeluffMichigan Supreme Court · 1872
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