Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Том 22William Mark McKinney Edward Thompson Company, 1918 |
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Страница 3
... common . The writ of prohibition agrees with both injunction and mandamus in 2. Ferguson v . Martineau , 115 Ark . 518 ; State v . Tracy , 237 Mo. 109 , 140 317 , 171 S. W. 472 , Ann . Cas . 1916E S. W. 888 , 37 L.R.A. ( N.S. ) 448 ...
... common . The writ of prohibition agrees with both injunction and mandamus in 2. Ferguson v . Martineau , 115 Ark . 518 ; State v . Tracy , 237 Mo. 109 , 140 317 , 171 S. W. 472 , Ann . Cas . 1916E S. W. 888 , 37 L.R.A. ( N.S. ) 448 ...
Страница 4
... common law writ , 11 of ancient origin . 12 Indeed , the writ is so ancient that forms of it are given in Glanville , the first book of English law , written in 1189 , and mention is made of it in nearly all the treatises upon the common ...
... common law writ , 11 of ancient origin . 12 Indeed , the writ is so ancient that forms of it are given in Glanville , the first book of English law , written in 1189 , and mention is made of it in nearly all the treatises upon the common ...
Страница 14
... Common Council , 98 Mich . 360 , 57 N. W. 406 , 39 A. S. R. 555 , 22 L.R.A. 842 ; State v . Bright , 224 Mo. 514 , 123 S. W. 1057 , 135 A. S. R. 552 , 20 Ann . Cas . 955 and note ; Norfolk , etc. , R. Co. v . Pinnacle Coal Co. , 44 W ...
... Common Council , 98 Mich . 360 , 57 N. W. 406 , 39 A. S. R. 555 , 22 L.R.A. 842 ; State v . Bright , 224 Mo. 514 , 123 S. W. 1057 , 135 A. S. R. 552 , 20 Ann . Cas . 955 and note ; Norfolk , etc. , R. Co. v . Pinnacle Coal Co. , 44 W ...
Страница 25
... common law were not open . " Of the courts of England the king's bench seems to have been the first to employ the writ , but it was subsequently issued by the courts of common pleas and exchequer as well.10 In this country the writ is ...
... common law were not open . " Of the courts of England the king's bench seems to have been the first to employ the writ , but it was subsequently issued by the courts of common pleas and exchequer as well.10 In this country the writ is ...
Страница 26
... common law and not under its chancery powers.11 Unless restricted by the constitution or some valid legislative enactment , every court possessing general common law jurisdiction may issue this writ to any inferior court or tribunal.12 ...
... common law and not under its chancery powers.11 Unless restricted by the constitution or some valid legislative enactment , every court possessing general common law jurisdiction may issue this writ to any inferior court or tribunal.12 ...
Чести термини и фразе
action adverse possession applied appointment attorney Atty.-Gen authority charter Chicago chose in action claim Colo common law compensation Conn construction contract County court damages defendant duties effect election entitled entry executive exercise fact facto officer franchise grant held hold homestead incumbent infra injury intervening cause issue judgment judicial jurisdiction jury legislative legislature liability mandamus Mass ment Minn municipal corporation negligence Northern Pac official bond Ohio St Okla owner party patent perform person possession principle proceedings prohibition prosecuting proximate cause public lands public officer purpose quo warranto railroad railroad company railway remedy removal road rule statute statutory supra sureties Tenn term tion U. S. L United valid void Wall Western Union writ writ of prohibition
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Страница 632 - ... shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract...
Страница 39 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Страница 54 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Страница 128 - The proximate cause is the efficient cause, the one that necessarily sets the other causes in operation. The causes that are merely incidental or instruments of a superior or controlling agency are not the proximate causes and the responsible ones, though they may be nearer in time to the result. It is only when the causes are independent of each other that the nearest is, of course, to be charged with the disaster.
Страница 444 - When a person has been nominated to an office by the President, confirmed by the Senate, and his commission has been signed by the President, and the seal of the United States affixed thereto, his appointment to that office is complete.
Страница 491 - But it has been well settled that, when a plain official duty requiring no exercise of discretion is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and when such duty is threatened to be violated by some positive official act, any person who will sustain personal injury thereby, for which adequate compensation cannot be had at law, may have an injunction to prevent it.
Страница 410 - No person who acknowledges the being of a God, and a future state of rewards and punishments, shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth.
Страница 210 - the direct and immediate fruits of the contract," they are free from this objection; they are then "part and parcel of the contract itself, entering into and constituting a portion of its very elements; something stipulated for, the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Страница 120 - It is admitted that the rule is difficult of application. But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Страница 287 - The question is well settled at common law, that the person whose land is bounded by a stream of water which changes its course gradually by alluvial formations, shall still hold by the same boundary, including the accumulated soil. No other rule can be applied on just principles. Every proprietor whose land is thus bounded is subject to loss by the same means which may add to his territory; and, as he is without remedy for his loss in this way, he cannot be held accountable for his gain.