Legal Opinion

Shepard v. Barron

Supreme Court of the United States

Decided May 31, 1904No. 217PublishedCited by 65 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. This bill was filed in the . Circuit Court of the United States for the Southern District of Ohio, against the defendant, as the treasurer of the county of Franklin, in the State of Ohio, to enjoin him from taking any proceedings towards the collectipn of the balance of an assessment for a local improvement ujpon land belonging to the appellants near -the city of Columbiis, in the State of…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. This bill was filed in the . Circuit Court of the United States for the Southern District of Ohio, against the defendant, as the treasurer of the county of Franklin, in the State of Ohio, to enjoin him from taking any proceedings towards the collectipn of the balance of an assessment for a local improvement ujpon land belonging to the appellants near -the city of Columbiis, in the State of Ohio, because, among other grounds alleged /in the bill, the assessment to pay for the improvement as provided for in…

1Opinion of the CourtJustice Peckham

Both parties in this case seem to agree that the statute of 1890, under which these proceedings were taken, is void as in violation of the.- state- constitution. As authority for that proposition the case of Hixson v. Burson, 54 Ohio St. 470, is cited. The case holds that a statute of a nature similar to the one under consideration violated the provision of the Ohio constitution, because, while its subject matter was general, its operation and effect were local, thus violating the provisions of section 26 of article 2 of the constitution of that State, which provides that “All laws of a…

2Cases cited3 opinions

  1. Shutte v. ThompsonSupreme Court of the United States · 1873
  2. Wight v. DavidsonSupreme Court of the United States · 1901
  3. O'BRIEN v. WheelockSupreme Court of the United States · 1902

3Cited by65 opinions

  1. Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
  2. United Fuel Gas Co. v. Railroad CommissionSupreme Court of the United States · 1929
  3. Calhoun v. MassieSupreme Court of the United States · 1920
  4. Evans, Et Ux. v. Hillsborough CountySupreme Court of Florida · 1938
  5. Welton v. HamiltonIllinois Supreme Court · 1931

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