Scully v. City of Cincinnati
Ohio Superior Court, Cincinnati
The cases of Scully v. Wayne, Scully v. Miller, and Scully v. Serrian were before the General Term about a year ago, when demurrers to the petitions were sustained, and the causes sent back to Special Term for further proceedings; amended petitions were filed, and demurrers sustained to them. The causes were consolidated, and the plaintiff'then filed a supplemental petition against the city of Cincinnati, who answered.
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The cases of Scully v. Wayne, Scully v. Miller, and Scully v. Serrian were before the General Term about a year ago, when demurrers to the petitions were sustained, and the causes sent back to Special Term for further proceedings; amended petitions were filed, and demurrers sustained to them. The causes were consolidated, and the plaintiff'then filed a supplemental petition against the city of Cincinnati, who answered. The plaintiff demurred generally to this answer, and this demurrer was reserved to General Term. The supplemental petition sets out the several ordinances to establish the…
1Opinion of the CourtHagans, J.
If it be true that these ordinances and the contract with plaintiff’ to do this work are void, the case would be one of assumpsit, on which, if plaintiff’ could recover at all, he would stand upon a quantum meruit. Whether the city would be liable in such a case, we do not consider it necessary to decide. Can, then, the city pass such ordinances as appear in this case, contract to do the work as has been done, and make a valid assessment?
When these causes were before us at a former term of this court, the question presented on the pleadings was, whether the improvement of McMillan street, as…
2Cases cited1 opinion
- Ridenour v. SaffinOhio Superior Court, Cincinnati · 1855