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

DecidedNovember 4, 1908

StatusPublished

This text of 33 Ohio C.C. Dec. 452 (John Anisfield Co. v. Cleveland C., C. & St. L. Ry.) is published on Counsel Stack Legal Research, covering Cuyahoga Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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).

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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]*453the 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]*453the 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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Bluebook (online)

33 Ohio C.C. Dec. 452, 22 Ohio C.C. (n.s.) 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-anisfield-co-v-cleveland-c-c-st-l-ry-ohcirctcuyahoga-1908.