Legal Opinion

Heuck, Aud. v. Haefner, Exrs.

Ohio Court of Appeals

Decided January 21, 1935PublishedCited by 4 opinions

1Opinion of the CourtBoss, J.

This is a proceeding in error from the Court of Common Pleas of Hamilton county.

The trustees of the estate of Eleanora C. U. Alms filed on March 17, 1932, with the Auditor of Hamilton county, an application for exemption of property from taxation. They were prompted to this action by the provisions of Section 5398, General Code, extending immunity for past delinquency in returns upon a then full disclosure of all taxable property. The pertinent portion of the section is as follows:

“No court shall enjoin the auditor or treasurer from proceeding to assess or collect tax or penalty hereunder,…

2Cases cited5 opinions

  1. Humphries v. Little Sisters of the PoorOhio Supreme Court · 1876
  2. Jones, Treas. v. ConnOhio Supreme Court · 1927
  3. State Ex Rel. Boss v. HessOhio Supreme Court · 1925
  4. Rowe v. BradenOhio Supreme Court · 1933
  5. Senior v. BradenOhio Supreme Court · 1934

3Cited by4 opinions

  1. Florida Nat. Bank of Jacksonville v. SimpsonSupreme Court of Florida · 1952
  2. Austin v. PorterfieldOhio Supreme Court · 1972
  3. Ousmane Savane v. Secretary United States Department of Homeland SecCourt of Appeals for the Third Circuit · 2026
  4. State v. StallingsSuperior Court of Delaware · 2018

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