Reports of Cases Argued and Determined in the Supreme Court of Ohio (Volume 18)
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Reports of Cases Argued and Determined in the Supreme Court of Ohio (Volume 18)

Reports of Cases Argued and Determined in the Supreme Court of Ohio (Volume 18)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859. Excerpt: ... Newnam's Lessee v. The City of Cincinnati. city council is a wise and beneficial provision, and the good of the city requires that it snuuld be strictly complied with. Another objection has been taken to the adding three per cent. on the amount of the tax for collector's fees.' The city council have no authority for levying and collecting special taxes except for specified purposes. In this instance, they were only authorized to collect taxes for lighting the city. They must act strictly within the provisions of their charter--they can add nothing to the tax by implication. The collector is an officer of the city, and his services must be paid for out of the general revenues of the city, unless otherwise provided for by the charter. The same may be said of the mayor's fees. Neither could have been collected in this way, if the tax had been legal. On the point whether the city have power to sell real estate in this way, for this kind of tax, the court have not been able to agree. We have not thought it necessary to pass on the other points made in the case. We believe the tax was assessed without authority of law, and will therefore decree that the city be perpetually injoined from proceeding to collect it. Edward Newnam's Lessee V. The City Op Cincinnati. A plaintiff in ejectment may recover upon his previous possession, as between himself and a stranger who has dispossessed him. The judgment of a court having jurisdicfion cannot be collaterally impeached. Under the chancery act of 1810, and the act of 1812, supplementary thereto, jurisdiction of the person of a non-resident defendant might be acquired by publication in pursuance of an order of court. It is errror in a court to charge the jury in general terms that the plaintiff has no cause of action. an...


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Product Details
  • ISBN-13: 9781153844925
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 206
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1153844923
  • Publisher Date: 02 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 431 gr


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