Counterman v. Dublin Township
Ohio Supreme Court
Error to the District Court of Mercer county. Jacob Counterman and Jacob S. Keetb, for themselves and others alike interested, brought suit in the court of common pleas of Mercer county, against the board of trustees of Dublin township, Mercer county, and the auditor and treasurer of the county, to enjoin the collection of a tax levied on the taxable property in that township, under the act of April 10, 1880, to authorize certain townships to build railroads, and to lease…
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Error to the District Court of Mercer county. Jacob Counterman and Jacob S. Keetb, for themselves and others alike interested, brought suit in the court of common pleas of Mercer county, against the board of trustees of Dublin township, Mercer county, and the auditor and treasurer of the county, to enjoin the collection of a tax levied on the taxable property in that township, under the act of April 10, 1880, to authorize certain townships to build railroads, and to lease and operate the same” (77 Ohio L. 165), for the payment of bonds amounting to $20,000, issued under the act, to defray the…
1Opinion of the CourtOxey, C. J.
The act construed in Wyscaver v. Atkinson, 37 Ohio St. 80, and the act involved in the determination of this case (77 Ohio L. 165), are in substance the same, — the latter applying to no other than Dublin township, Mercer county, and the former to Beaver township, Noble county, alone, — and for reasons satisfactorily stated in that case, they are alike unconstitutional.
As an action of this sort, by tax-payers, is clearly authorized (Rev. Stats. §§ 5848-5851; Stephan v. Daniels, 27 Ohio St. 527), the sole question before us is, whether, in view of the matters stated in the answer, they are…
2Cases cited6 opinions
- Daniels v. TearneySupreme Court of the United States · 1880
- Dunbar v. MyersSupreme Court of the United States · 1876
- Post v. SupervisorsSupreme Court of the United States · 1882
- Ferguson v. LandramCourt of Appeals of Kentucky · 1866
- State v. Little Rock, Mississippi River & Texas Railway Co.Supreme Court of Arkansas · 1877
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