Wilson v. Pelton
Ohio Supreme Court
Error to the District Court of Cuyahoga County. This action was brought in the court of common pleas of Cuyahoga county, by the plaintiff in error, to recover back taxes which he had paid to the defendant in error as county treasurer, and which he claimed had been illegally assessed.
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Error to the District Court of Cuyahoga County. This action was brought in the court of common pleas of Cuyahoga county, by the plaintiff in error, to recover back taxes which he had paid to the defendant in error as county treasurer, and which he claimed had been illegally assessed. Plaintiff in error in his petition alleges “That he stood charged with the sum of $13,130-i1^g- as a tax levied and assessed upon his personal and chattel property, for the year 1875, for state, county and municipal purposes; that, in fact, only $4,784 had been levied upon said personal and chattel property for…
1Opinion of the CourtMcCauley, J.
The plaintiff alleges in his petition that he was required and compelled by the defendant to pay the taxes he seeks to recover back. The defendant in his answer alleges that the taxes were paid by the plaintiff without objection or protest and, after payment, the taxes were paid over to the city of Cleveland without knowledge of the claim of the plaintiff. This allegation of the answer is not denied by the plaintiff, and no evidence is offered on either side to show the precise circumstances under which the tax was paid.
Conceding that the part of the tax levied by the city was in excess of…
2Cases cited2 opinions
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
- Nickodemus v. City of East SaginawMichigan Supreme Court · 1872