Atlantic Reporter, Том 15West Publishing Company, 1889 |
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Страница 41
... COMMON NUISANCE - STATIONARY STEAM - ENGINE - INDICTMENT . An indictment for maintaining a stationary steam - engine as a common nuisance , under Rev. St. c . 17 , §§ 17 , 19 , is bad on demurrer unless both its erection without the ...
... COMMON NUISANCE - STATIONARY STEAM - ENGINE - INDICTMENT . An indictment for maintaining a stationary steam - engine as a common nuisance , under Rev. St. c . 17 , §§ 17 , 19 , is bad on demurrer unless both its erection without the ...
Страница 42
... common nuisance . And the jurors aforesaid , upon their oath afore- said , do further say and present that said Simeon G. Davis , at Winthrop afore- said , in the county of Kennebec aforesaid , on the 1st day of January in the year of ...
... common nuisance . And the jurors aforesaid , upon their oath afore- said , do further say and present that said Simeon G. Davis , at Winthrop afore- said , in the county of Kennebec aforesaid , on the 1st day of January in the year of ...
Страница 43
... common nuisance , every allegation in the indictment may be proved as laid , and yet the respondent guilty of no crime . Exceptions sustained . Demurrer sustained . Indictment bad . PETERS , C. J. , and WALTON , VIRGIN , LIBBEY , and ...
... common nuisance , every allegation in the indictment may be proved as laid , and yet the respondent guilty of no crime . Exceptions sustained . Demurrer sustained . Indictment bad . PETERS , C. J. , and WALTON , VIRGIN , LIBBEY , and ...
Страница 50
... common - law remedy , where the common law is competent to give it . " It would seem unquestionable , therefore , that the ju- risdiction of the district courts of the United States extends over all admiralty and maritime causes ...
... common - law remedy , where the common law is competent to give it . " It would seem unquestionable , therefore , that the ju- risdiction of the district courts of the United States extends over all admiralty and maritime causes ...
Страница 52
... common - law remedy where the common law is competent to give it . " But the court held that this does not save a proceeding in rem , as used in the admiralty courts , and that such a proceeding is not a remedy afforded by the common ...
... common - law remedy where the common law is competent to give it . " But the court held that this does not save a proceeding in rem , as used in the admiralty courts , and that such a proceeding is not a remedy afforded by the common ...
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Страница 13 - 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, 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 272 - To avoid Improper Influences which may result from Intermixing In one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed In the title.
Страница 182 - That the people have a right to hold themselves, their houses, papers, and possessions free from search or seizure, and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are contrary to that right, and ought not to be granted.
Страница 50 - States * * • and shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction * * * saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it".
Страница 552 - It is whatever is given for the love of God, or for the love of your neighbor, in the catholic and universal sense; given from these motives, and to these ends, free from the stain or taint of every consideration that is personal, private, or selfish.
Страница 52 - Constitution was adopted, was most certainly intended and referred to when it was declared in that instrument that the judicial power of the United States shall extend 'to all cases of admiralty and maritime jurisdiction...
Страница 209 - See, also, Coleman v. Duke of St. Albans, 3 Ves. Jr. 25; Gresley v. Adderly, 1 Swanst. 573. The American cases sustain the rule that, so long as the mortgagor is allowed to remain in possession, he is entitled to receive and apply to his own use the income and profits of the mortgaged estate; and, although the mortgagee may have the right to take possession upon condition broken, if he does not exercise the right, he cannot claim the rents; if he wishes to receive the rents, he must take means to...
Страница 155 - The constitution of the United States provides that no state shall pass any law impairing the obligation of contracts.
Страница 211 - ... to make, ordain and establish all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same...
Страница 104 - And in determining whether it was so intended, a decisive test is, whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or judgment upon a matter of which the vendor has no special knowledge, and on which the buyer may be expected also to have an opinion, and to exercise his judgment. In the former case there is a warranty, in the latter not.