The American Law Register, Том 27;Том 36D.B. Canfield & Company, 1888 |
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Страница 5
... statute , or a constitutional provision , the injury may be saved from being damnum absque injuria as well by a statute or a constitutional provision as by the common law ; legal wrong and legal remedy are correlative terms ; thus the ...
... statute , or a constitutional provision , the injury may be saved from being damnum absque injuria as well by a statute or a constitutional provision as by the common law ; legal wrong and legal remedy are correlative terms ; thus the ...
Страница 6
... statute provided a remedy for such injury , but where no land was taken a similar injury to a neighbor was damnum absque injuria , because the statute only provided a remedy where one's land was taken ; hence the intention of the ...
... statute provided a remedy for such injury , but where no land was taken a similar injury to a neighbor was damnum absque injuria , because the statute only provided a remedy where one's land was taken ; hence the intention of the ...
Страница 7
... statute creating the liability , and ( b ) , with the claim of the plaintiff under the statute . Looking at the cases in this light , it will be appreciated that what the court meant was that the plaintiffs in each case had no rights at ...
... statute creating the liability , and ( b ) , with the claim of the plaintiff under the statute . Looking at the cases in this light , it will be appreciated that what the court meant was that the plaintiffs in each case had no rights at ...
Страница 24
... statute of Illinois , under and pursuant to which the trial jury was selected and empanelled , on the ground of repugnancy to the Constitu- tion of the United States , and the State court sustained the va- lidity of the statute ...
... statute of Illinois , under and pursuant to which the trial jury was selected and empanelled , on the ground of repugnancy to the Constitu- tion of the United States , and the State court sustained the va- lidity of the statute ...
Страница 26
... statute of the State as construed by the court deprived the petitioners of an impartial jury ; and , 2 , that Spies was compelled to give evidence against himself . Before considering whether the Constitution of the United States has ...
... statute of the State as construed by the court deprived the petitioners of an impartial jury ; and , 2 , that Spies was compelled to give evidence against himself . Before considering whether the Constitution of the United States has ...
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action agent agreement appear applied authority bill of lading binding carrier certificate certified checks charitable cited citizens claimed commerce common carriers common law condition Constitution contract conveyance corporation court of equity creditors damages damnum absque injuria decision decree defendant defendant's Dist doctrine driver easement equity estoppel evidence express fact favor Fourteenth Amendment grant held husband injury judgment jurisdiction juror jury land law school liable license liquors marriage Mass ment mortgage Nat'l Bank negligence nuisance opinion owner paid parties passenger payment Penna peremptory challenges person plaintiff plaintiff in error premises principle purchase purpose question railroad reason recover regulation rule seal statute suit supra Supreme Court testator thereof tion trial trust valid vendee vendor void wife words
Популарни одломци
Страница 41 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Страница 694 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Страница 41 - By the twenty-fifth section of the judiciary act of 1789, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Страница 548 - A prohibition simply upon the use of property for purposes that are declared, by valid legislation, to be injurious to the health, morals, or safety of the community, cannot, in any just sense, be deemed a taking or an appropriation of property for the public benefit.
Страница 528 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Страница 502 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Страница 769 - That any bridge constructed under this act, and according to its limitations, shall be a lawful structure, and shall be recognized and known as a post-route, upon which, also, no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to said bridge...
Страница 512 - Indian descent, not members of any tribe; provided, that the legislature may at any time extend by law the right of suffrage to persons not herein enumeraled ; but no such law shall be in force until the same shall have been submitted to a vote of the people at a general election, and approved by a majority of all the votes cast at such election...
Страница 548 - The exercise of the police power by the destruction of property which is itself a public nuisance, or the prohibition of its use in a particular way, whereby its value becomes depreciated, is very different from taking property for public use, or from depriving a person of his property without due process of law. In the one case, a nuisance only is abated ; in the other, unoffending property is taken away from an innocent owner.
Страница 589 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...