Cuyahoga Circuit Court, 1908

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

John Anisfield Co. v. Cleveland C., C. & St. L. Ry.
Cuyahoga Circuit Court · Decided November 4, 1908 · Henry, Marvin, Winch
33 Ohio C.C. Dec. 452; 22 Ohio C.C. (n.s.) 58

Counsel

Emil Joseph, for plaintiff in error., Cook, McGowan & Foote, for defendant in error.

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

Opinion of the Court

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 *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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