Dennis v. Simon

• Decision Date: 27 March 1894
• Citation: 51 Ohio St. 233,36 N.E. 832
• Parties: DENNIS v. SIMON.
• Court: Ohio Supreme Court

36 N.E. 832

51 Ohio St. 233

DENNIS v. SIMON.

Supreme Court of Ohio.

March 27, 1894

Error to circuit court, Wood county.

Action by Alfred Simon against William H. Dennis. Plaintiff had judgment, and defendant brings error. Affirmed.

Alfred Simon, as supervisor of road district No. 5, Bloom township, Wood county, Ohio, the defendant in error, commenced suit against William H. Dennis, the plaintiff in error, before a justice of the peace, to recover from him the sum of four dollars, for refusing to perform two days' labor upon the public roads, as provided in section 4717 of the Revised Statutes. Judgment was rendered for the plaintiff on his bill of particulars. On appeal by the defendant, the court of common pleas of Wood county gave judgment for the plaintiff for the amount claimed, with costs; and the circuit court affirmed the judgment of the common pleas. A petition in error is filed in this court by William H. Dennis, the defendant below, to reverse the judgment of the circuit court.

Syllabus by the Court

Section 4717 of the Revised Statutes, which provides for two days' labor on the public highways of this state, is not in conflict with the constitution, and is a valid law.

Dodge & Canary, for plaintiff in error.

Parker & Moore, for defendant in error.

PER CURIAM.

Section 4717 of the Revised Statutes, which provides that certain persons, therein named, shall be liable, annually, to perform two days' labor on the highways, under the direction of the road supervisor of the road district in which any such person resides, is not in conflict with the constitution of Ohio, and is a valid enactment. That section does not, in our opinion, infringe the article and section of the constitution by which the general assembly is forbidden to levy a poll tax for county or state purposes, nor is it in violation of the section of the bill of rights which provides that there shall be no involuntary servitude in this state. Judgment affirmed.