Cases on Selected Topics in the Law of Municipal CorporationsHarvard law review publishing association, 1898 - 260 страница |
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Страница 2
... rule which applies in the case of private corporations , that the act is in- effectual until it is accepted by the corporators , governs also the case of public corporations , like towns . See A. & A. on Corp. 68 . But there is no such rule ...
... rule which applies in the case of private corporations , that the act is in- effectual until it is accepted by the corporators , governs also the case of public corporations , like towns . See A. & A. on Corp. 68 . But there is no such rule ...
Страница 6
... rule ought not to be applied to counties ; but it is so obvious that the suggestion is without merit , that it seems unnecessary to give it any extended examination . County of Richland v . County of Law- rence , 12 Ill . 8 . Public ...
... rule ought not to be applied to counties ; but it is so obvious that the suggestion is without merit , that it seems unnecessary to give it any extended examination . County of Richland v . County of Law- rence , 12 Ill . 8 . Public ...
Страница 9
... rule by which a division of the property of the old town shall be divided is incident to the power to divide the territory , and is in its nature purely legislative . No general rule can be prescribed by which an equal and just decision ...
... rule by which a division of the property of the old town shall be divided is incident to the power to divide the territory , and is in its nature purely legislative . No general rule can be prescribed by which an equal and just decision ...
Страница 12
... rule that as the first act was silent upon the subject , all of the com- mon property within its limits belonged to the old county , which was likewise charged with all existing debts . It further held that rights vested under this act ...
... rule that as the first act was silent upon the subject , all of the com- mon property within its limits belonged to the old county , which was likewise charged with all existing debts . It further held that rights vested under this act ...
Страница 13
... rules and entitled to the same protection as would a private corporation . The subject of such a contract , however ... rule just above stated , the sole owner of the property , and hence cannot be deprived of it by a subsequent act of ...
... rules and entitled to the same protection as would a private corporation . The subject of such a contract , however ... rule just above stated , the sole owner of the property , and hence cannot be deprived of it by a subsequent act of ...
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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.