William Howard Taft

“ The plaintiffs in error are thus in a dilemma from which they cannot escape. If the Supreme Court by final decree disposed of the constitutional questions on the merits by dismissal of the petition, then the writ of error lay to the Supreme Court. ”

“ Thereupon writs of error were applied for and allowed not to the Supreme Court of Ohio, but to the Court of Appeals. Motions are now made to dismiss the writs.
We think the motions must be granted. In Hetrick v. Village of Lindsey, 265 U.S. 384, 44 S.C.t. 486, 68 L. Ed. 1065, Hetrick brought suit under the same section of the Ohio Code to enjoin the illegal collection of a special assessment. The injunction was denied in the common pleas court and in the Court of Appeals, on appeal. The plaintiff filed a petition in error in the Supreme Court of the state. ”

“ In the common pleas court the injunctions were sustained to the extent of soem interest found to be excessive, but were denied in other respects. Appeals were taken to the Court of Appeals of Hamilton county, which affirmed the decrees of the common pleas court. ”