Lawyers' Reports Annotated, Књига 3Lawyers' Co-operative Publishing Company, 1889 |
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Страница 55
... duty ; its purpose is purely mandatory . Re Abrams v . Hempstead Town Auditors , 45 Hun , 272 , 10 N. Y. S. R. 378 . Mandamus cannot be converted into a writ of error . State v . Wright , 4 Nev . 119 ; People v . Wes- ton , 28 Cal . 639 ...
... duty ; its purpose is purely mandatory . Re Abrams v . Hempstead Town Auditors , 45 Hun , 272 , 10 N. Y. S. R. 378 . Mandamus cannot be converted into a writ of error . State v . Wright , 4 Nev . 119 ; People v . Wes- ton , 28 Cal . 639 ...
Страница 56
... duty required by the Constitution . On the other hand it is insisted for the petitioner that if any jurisdic- tion existed for the injunction , the action of the circuit court in the mandamus proceedings is | an office ; but where such ...
... duty required by the Constitution . On the other hand it is insisted for the petitioner that if any jurisdic- tion existed for the injunction , the action of the circuit court in the mandamus proceedings is | an office ; but where such ...
Страница 57
... duty and he is not exceeding or abusing his power , but fairly acting within the same , and a court issues a writ to restrain him from its performance , he must discharge his duty as prescribed by law . " That case was a proceeding for ...
... duty and he is not exceeding or abusing his power , but fairly acting within the same , and a court issues a writ to restrain him from its performance , he must discharge his duty as prescribed by law . " That case was a proceeding for ...
Страница 58
... duty of the sec- retary of state to deliver the same to the speak- er of the House , the said injunction was an absolute nullity and constituted no ground for the refusal of said officer to discharge that duty . stance , for any ground ...
... duty of the sec- retary of state to deliver the same to the speak- er of the House , the said injunction was an absolute nullity and constituted no ground for the refusal of said officer to discharge that duty . stance , for any ground ...
Страница 64
... duty , to continue. 22 Mich . 496 ; State v . Mason , 77 Mo. 189 ; State v . Lewis , 51 Conn . 113 ; State v . Harmon , 31 Ohio St. 250 ; Collin v . Knoblock , 25 La . Ann . 263 ; Rogers v . Johns , 42 Tex . 339 ; People v . La Salle ...
... duty , to continue. 22 Mich . 496 ; State v . Mason , 77 Mo. 189 ; State v . Lewis , 51 Conn . 113 ; State v . Harmon , 31 Ohio St. 250 ; Collin v . Knoblock , 25 La . Ann . 263 ; Rogers v . Johns , 42 Tex . 339 ; People v . La Salle ...
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action agreement alleged amount appear appellant appellee apply Asso authority Bank Bank of Alexandria bill carrier cause Cent Circuit Court City claim common carrier common law complainant Constitution contract corporation County court of equity creditors damages debt debtor declared deed defendant delivered the opinion demurrer Dram Shop duty election entitled equity evidence execution exempt fact governor held injury intended Iowa judgment jurisdiction jury land Legislature liable libel lien M. R. Co mandamus Mass ment Messrs Minn mortgage N. J. Eq negligence owner paid parties partnership passenger payment person petition plaintiff plaintiff in error promissory note purpose question railroad company reason recover rule South Carolina statute stockholders street suit supra SUPREME COURT Teleg testator thereof tion trial trust valid Wend West
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Страница 353 - The franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county in this State shall be assessed by the State Board of Equalization...
Страница 361 - Every possible presumption is in favor of the validity of a statute, and this continues until the contrary is shown beyond a rational doubt. One branch of the government cannot encroach on the domain of another without danger. The safety of our institutions depends in no small degree on a strict observance of this salutary rule.
Страница 196 - ... due process of law,' provided by the state law when a citizen is deprived of his property, and that, in judging what is 'due process of law,' respect must be had to the cause and object of the taking, whether under the taxing power, the power of eminent domain, or the power of assessment for local improvements, or none of these ; and if found to be suitable or admissible in the special case, it will be adjudged to be
Страница 401 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Страница 67 - Governor, shall be impeached, displaced, resign, or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed...
Страница 196 - State or of some more limited portion of the community, and those laws provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice, with such notice to the person, or such proceeding in regard to the property as is appropriate to the nature of the case, the judgment in such proceedings cannot be said to deprive the owner of his property without due process of law, however obnoxious it may be to other objections.
Страница 197 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
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