Burnet v. Corp. of Cincinnati
Ohio Supreme Court
This ease was adjourned for decision here by the Supreme Court sitting in Hamilton county. It was a bill in chancery for an injunction to enjoin the sale by the marshal of the city of certain real estate, owned and possessed by the complainant, for a city assessment of a tax to improve the streets.
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This ease was adjourned for decision here by the Supreme Court sitting in Hamilton county. It was a bill in chancery for an injunction to enjoin the sale by the marshal of the city of certain real estate, owned and possessed by the complainant, for a city assessment of a tax to improve the streets. The bill set out the title and possession of the complainant, and the nature and character of the assessment made by the city council, alleging that it had not been made in accordance with the charter and ordinances, but was illegal”and void, and prayed an injunction to stay the sale until the…
1Opinion of the Court
By the Court:
The billin this ease, represents, that under a proceeding altogether illegal and void, but nevertheless under legal color, the defendants-are about to sell a part of the real estate of the complainant, and prays the interference of the *court, in the exercise of its chancery powers, to restrain them by injunction. The demurrer, and the argument in support of it, admit the truth of the allegations, and deny that this court can aid the party. If this be a tenable position, it results that public officers, having authority t® operate upon the property of their fellow-citizens, must…
2Cases cited1 opinion
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824