Lawyers' Reports Annotated, Књига 3Lawyers' Co-operative Publishing Company, 1889 |
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Страница 48
... fact this general rule is not questioned or denied by plaintiff's counsel , but they claim that it is subject to a ... facts do not raise the question whether a town , as a civil corporation , has the sole right to property given " for ...
... fact this general rule is not questioned or denied by plaintiff's counsel , but they claim that it is subject to a ... facts do not raise the question whether a town , as a civil corporation , has the sole right to property given " for ...
Страница 49
... fact that these suggestions of a It being settled law that upon a change of limitation or qualification of the rule are not boundaries ( not abolishing a corporation ) the only pure obiter , but the question is not dis - old corporation ...
... fact that these suggestions of a It being settled law that upon a change of limitation or qualification of the rule are not boundaries ( not abolishing a corporation ) the only pure obiter , but the question is not dis - old corporation ...
Страница 63
... fact showed that the petitioner had the highest number of votes for the office of governor . Now , as a matter of fact , other parts of the pe- tition and the journal of the house , which is made part of it , show that only a part of ...
... fact showed that the petitioner had the highest number of votes for the office of governor . Now , as a matter of fact , other parts of the pe- tition and the journal of the house , which is made part of it , show that only a part of ...
Страница 68
... fact elected . SO . The assertion of his petition that some one was elected , even if not denied in respondent's answer ( but it is denied ) , could not be taken for true , for it asserts a fact which , legally speak ing , cannot be yet ...
... fact elected . SO . The assertion of his petition that some one was elected , even if not denied in respondent's answer ( but it is denied ) , could not be taken for true , for it asserts a fact which , legally speak ing , cannot be yet ...
Страница 69
... facts set up are not such as should be permitted to be given in evidence in mitigation , is properly to be decided by the judge on the trial of the issue of fact . Newman v . Harrison , 1 Code Rep . N. S. 184 note ; Fry v . Ben- nett ...
... facts set up are not such as should be permitted to be given in evidence in mitigation , is properly to be decided by the judge on the trial of the issue of fact . Newman v . Harrison , 1 Code Rep . N. S. 184 note ; Fry v . Ben- nett ...
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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 358 - Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the state, sometimes termed its "police power," to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources and add to its wealth and prosperity.
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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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