¶1In our opinion the demurrer to the petition sheuld be sustained for the reason that the questions here presented have all been passed upon *752by the Supreme Court of the state in the cases involving the constitutionality of the act under which the Cincinnati Southern Railway was built and the different acts supplemental thereto. All these acts have been held by that court to be constitutional. We see nothing in this act which involves any constitutional question not involved in those passed upon by the Supreme Court. Any discussion of this question in this court would therefore seem not only to be fruitless, but out of place. The rule of stare ''decisis appliés.
10 Ohio Cir. Dec. 751
Cincinnati v. Taft
Decided October 15, 1899
Hamilton Circuit Court · decided 1899-10-15
This was an action brought by the city of Cincinnati to enjoin the board of sinking fund trustees and the trustees of the Cincinnati Southern Railway from proceeding under the statutes to extend the time or payment of the outstanding bonds issued under the act of May, 1.869, entitled “An act relating to cities of the first class having a population exceeding 15,000 inhabitants.” Authority to extend these bonds is found in the supplementary act of April 25, 1898, the…
Decided 1899-10-15