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Loeb Vs. Columbia Township Trustees

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  • US Supreme Court
  • Dec 10, 1900

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74 entries 9 linked 65 unlinked
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  1. Borgmeyer Vs. Idler US Supreme Court · Oct 28, 1895
  2. Rector Vs. Ashley US Supreme Court · Jan 01, 1867
  3. Lincoln County Vs. Luning US Supreme Court · Mar 03, 1890
  4. Taylor Vs. Ypsilanti US Supreme Court · Jan 01, 1881
  5. Holder Vs. Aultman US Supreme Court · Jan 10, 1898
  6. Whitten Vs. Tomlinson US Supreme Court · Dec 16, 1895
    Relied / Followed
  7. England Vs. Gebhardt US Supreme Court · Dec 08, 1884
  8. Murdock Vs. Memphis US Supreme Court · Jan 21, 1873
  9. Rowan Vs. Runnels US Supreme Court · Jan 01, 1847
  10. Loeb v. Columbia
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  11. Township Trustees - 179 U.S. 472 (1900) U.S. Supreme Court Loeb v. Columbia
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  12. Township Trustees, 179 U.S. 472 (1900) Loeb v. Columbia
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  13. court erred in holding that the petition in this case made a case that brought it within the decision in Norwood v. Baker
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  14. point was decided for the defendant, the court being of opinion that, according to the principles laid down in Norwood v. Baker
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  15. for, as said in Robinson v. Caldwell
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  16. Colorado Central Consolidation Mining Co. v. Turck
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  17. Page 179 U. S. 480 applied the Constitution to the case, and put the plaintiff out of court. Cornell v. Green
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  18. of the United States. The views expressed by us as to the scope of the act of 1891 are supported by Holder v. Aultman
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  19. and the jurisdiction of this Court is not limited to the constitutional question, but includes the whole case. Whitten v. Tomlinson
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  20. Penn Ins. Co. v. Austin
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  21. It is said that we cannot, and that view is supposed to be sustained by England v. Gebhardt
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  22. part of the pleadings or process in the cause, it must be put into the record by some action of the court. Sargeant v. State
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  23. Fisher v. Cockerell
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  24. In United States v. Taylor
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  25. that, even in writs of error to a state court, the opinion of the court below was not a part of the record, Williams v. Norris
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  26. Wall. 314, but the inconvenience of this rule became so great that it was subsequently changed, Murdock v. Memphis
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  27. In Sayward v. Denny
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  28. citing, among other cases, United States v. Taylor
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  29. Some light is thrown upon this question by the decisions in cases from the highest courts of the states. In Murdock v. Page
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  30. The subject was again considered in Gross v. United
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  31. U. S. 486 , which came from the Supreme Court of Illinois. After referring to what was said in Murdock v. Memphis
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  32. deemed a citizen of that state for purposes of suit by or against it in the courts of the United States. In Cowles v. Mercer
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  33. McCoy v. Washington
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  34. And it is the settled law of Ohio that a township is suable on account of any liabilities incurred by it. Harding v. Trustees
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  35. Trustees of Concord Township v. Miller
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  36. Wilson v. Trustees
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  37. It was created for purposes of local administration, and is a corporation. Fairfield Township v. Ladd
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  38. Lane v. State
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  39. was a corporation, was entitled to sue upon them without reference to the citizenship of any prior holder. Thompson v. Perrine
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  40. was dismissed. Looking at all the provisions of the statute, that court held that the case was embraced by Norwood v. Baker
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  41. the Constitution of the United States, prohibiting the taking of property without due process of law. In Norwood v. Baker
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  42. court erred in holding that the petition made a case that necessarily brought it within the decision in Norwood v. Baker
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  43. adjoining property owners, and that an assessment under that section would be invalid under the decision in Norwood v. Baker
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  44. be carried into effect without reference to the third section. So that, if that section were held void under Norwood v. Baker
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  45. made by the township and its cost met by issuing bonds. We think the case comes within Fayette County Treasurer v. People's
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  46. the Supreme Court of Ohio made prior to the issuing of these bonds. Those decisions were to the contrary. In Hibbs v. Commissioners
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  47. But in State v. Commissioners
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  48. Ohio St. 333, and Hixson v. Burson
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  49. Ohio St. 470, decided in 1896, the principle announced in Hibbs v. Commissioners
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  50. In the latter case, the court expressly overruled the second syllabus in Hibbs v. Commissioners
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