John Anisfield Co. v. Cleveland C., C. & St. L. Ry.

Cuyahoga Circuit Court

John Anisfield Co. v. Cleveland C., C. & St. L. Ry.

33 Ohio C.C. Dec. 452, 22 Ohio C.C. (n.s.) 58

Cuyahoga Circuit Court·Decided November 4, 1908·Published

Opinion

HENRY, J.

We are of opinion that the parties, in the covenant of their written contract of lease regarding the payment of taxes- and assessments thereafter “levied” meant to use the term levied in the popular, albeit possibly a loose, sense in which it has admittedly been employed sometimes both by the Supreme Court and [453] the general assembly, viz., to mean ascertained on the preparation of the duplicate by the county auditor.

The judgment is affirmed.

Marvin, J., concurs. Winch, J., not sitting.

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HENRY, J.

We are of opinion that the parties, in the covenant of their written contract of lease regarding the payment of taxes- and assessments thereafter “levied” meant to use the term levied in the popular, albeit possibly a loose, sense in which it has admittedly been employed sometimes both by the Supreme Court and [453] the general assembly, viz., to mean ascertained on the preparation of the duplicate by the county auditor.

The judgment is affirmed.

Marvin, J., concurs. Winch, J., not sitting.

John Anisfield Co. v. Cleveland C., C. & St. L. Ry., 33 Ohio C.C. Dec. 452, 22 Ohio C.C. (n.s.) 58 (Ohio Super. Ct. 1908).

Pincite

33 Ohio C.C. Dec. 452 (John Anisfield Co. v. Cleveland C., C. & St. L. Ry.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.