Toledo City v. McMahon

Lucas Circuit Court

Toledo City v. McMahon

4 Ohio Cir. Dec. 3

DecidedJanuary 15, 1894

StatusPublished

This text of 4 Ohio Cir. Dec. 3 (Toledo City v. McMahon) is published on Counsel Stack Legal Research, covering Lucas Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Toledo City v. McMahon, 4 Ohio Cir. Dec. 3 (Ohio Super. Ct. 1894).

Pincite

Opinion

Scribner, J.

In this action an assessment is sought to be enforced for-the improvement by changing the grade, grading, etc., a certain street of the city, against the lot of the defendant abutting upon said improvement. The resolution declaring the necessity of, and the city’s determination to make the improvement was duly passed and published, and all other requirements of the statute for the making of the improvement and the making of said assessment were complied with, except only that the written notice required by sec. 2304, Rev. Stat., was not given to the defendant, who was a resident of the city.

Held: That the defendant could not defeat the assessments on account of such want of notice to him, but that such failure to serve him with notice, relieved him from the penalty of being deemed to have waived all claims for damages by not filing it with the city cleik (sec. 2315, Rev. Stat.,) and be can now enforce such claim, if any he has, against the city by appropriate independent action.

Decree for the city.,

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Scribner, J.

In this action an assessment is sought to be enforced for-the improvement by changing the grade, grading, etc., a certain street of the city, against the lot of the defendant abutting upon said improvement. The resolution declaring the necessity of, and the city’s determination to make the improvement was duly passed and published, and all other requirements of the statute for the making of the improvement and the making of said assessment were complied with, except only that the written notice required by sec. 2304, Rev. Stat., was not given to the defendant, who was a resident of the city.

Held: That the defendant could not defeat the assessments on account of such want of notice to him, but that such failure to serve him with notice, relieved him from the penalty of being deemed to have waived all claims for damages by not filing it with the city cleik (sec. 2315, Rev. Stat.,) and be can now enforce such claim, if any he has, against the city by appropriate independent action.

Decree for the city.,

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Bluebook (online)

4 Ohio Cir. Dec. 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toledo-city-v-mcmahon-ohcirctlucas-1894.