Cases on Selected Topics in the Law of Municipal CorporationsHarvard law review publishing association, 1898 - 260 страница |
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Страница 40
... executed , what is termed the private property of the city may be taken for a public use without due process of law , and without a provision for compensation . It cannot be doubted but that the general purposes of the law are within ...
... executed , what is termed the private property of the city may be taken for a public use without due process of law , and without a provision for compensation . It cannot be doubted but that the general purposes of the law are within ...
Страница 42
... execution of the right of eminent domain . If it were so considered , all contributions exacted from citizens for defraying the expenses of the government and of local administration , would , in order to be legal , require the return ...
... execution of the right of eminent domain . If it were so considered , all contributions exacted from citizens for defraying the expenses of the government and of local administration , would , in order to be legal , require the return ...
Страница 43
... execution to be levied upon its property . The property of the city , it is further argued , is private property , which the corpora- tion holds by the same title as an individual or a private corporation , and that it is equally under ...
... execution to be levied upon its property . The property of the city , it is further argued , is private property , which the corpora- tion holds by the same title as an individual or a private corporation , and that it is equally under ...
Страница 44
... execution ; and hence it has become a usual practice to add to the sums included in the annual tax levy any amount for which judgments have been recovered against the corporation , and to authorize the borrowing of money , if necessary ...
... execution ; and hence it has become a usual practice to add to the sums included in the annual tax levy any amount for which judgments have been recovered against the corporation , and to authorize the borrowing of money , if necessary ...
Страница 45
... execution , to satisfy a liability of the city arising under the riot act ; and this has been done under the express authority of the legislature . The vice of the argument of the defendant is , that it assimilates the condition of the ...
... execution , to satisfy a liability of the city arising under the riot act ; and this has been done under the express authority of the legislature . The vice of the argument of the defendant is , that it assimilates the condition of the ...
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action agents amount annexed appears applied assessment authority bonds borrow money bridge Center Township charter Circuit Court cited collected commissioners contract county court court of chancery court of equity created creditors damages debt decision decree defendant demurrer district doctrine election enforce equity ex rel execution exercise existence fact Fulton County funds grant held highways imposed incurred indebtedness individual inhabitants injury issued judgment Justice Knox County legislative legislature levy liability mandamus Mayor ment municipal corporation neglect obligation officers old corporation opinion owner paid payment perform persons plaintiff plaintiff in error Port of Mobile Porter Township power of taxation power to borrow principle private corporation public duty purchase purposes quasi corporations question railroad company recital remedy revenues rule San Angelo sewers Statement abridged statute streets subscription suit Supreme Court taxable property territory tion township treasurer vote writ writ of mandamus
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Страница 25 - That all political power is inherent in the people, and all free Governments are founded on their authority, and instituted for their benefit; and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
Страница 201 - No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for the state and county taxes, previous to the incurring of such indebtedness.
Страница 204 - ... years; Provided, That no debt shall be contracted under this section, unless all questions connected with the same, shall have been first submitted to a vote of the people, and have received threefifths of all the votes cast for and against the same.
Страница 60 - The conclusion to be deduced from the authorities is, that where power is given to public officers, in the language of the act before us, 1 Skinner, 370. 2 2 Salkeld, 609. 8 3 Hill, 614. « 9 Howard, 248. or in equivalent language — whenever the public interest or individual rights call for its exercise — the language used, though permissive in form, is in fact peremptory.
Страница 62 - Without the remedy the contract may, indeed, in the sense of the law, be said not to exist, and its obligation to fall within the class of those moral and social duties which depend for their fulfilment wholly upon the will of the individual.
Страница 223 - the obligation to do justice rests upon all persons, natural and artificial, and if a county obtains the money or property of others without authority, the law, independent of any statute, will compel restitution or compensation.
Страница 36 - The Legislature may confer upon organized townships, incorporated cities and villages, and upon the board of supervisors of the several counties, such powers of a local, legislative and administrative character as they may deem proper.
Страница 149 - Police officers can in no sense be regarded as agents or servants of the city. Their duties are of a public nature. Their appointment is devolved on cities and towns by the legislature as a convenient mode of exercising a function of government; but this does not render them liable for their unlawful or negligent acts.
Страница 207 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Страница 248 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition, (express or implied,) or extortion, or oppression. or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.