The Southeastern Reporter, Volumen20West Publishing Company, 1895 |
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Términos y frases comunes
acres affidavit agent alleged amount Appling county assignment bill bond brings error cause of action certiorari charge circuit court circuit judge claim Code Company complaint contract counsel court erred Court of Georgia Court of North creditors CURIAM damages debt declaration decree deed defendant in error defendant's demurrer dence Douglasville entitled Error from superior evidence execution fact fendant filed Floyd county granted ground heirs injury issue Jervey John Wheeler Judgment affirmed jury land levy liable lien ment mortgage motion overruled paid parties payment Perry person petition petitioner plaintiff in error pleas possession promissory note purchase question railroad receiver recover rent reversed rule secure sold South Carolina Spartanburg county statute superior court Supreme Court sustained Syllabus term testator testified testimony thereof tiff tion trial trust usury verdict wife witness
Pasajes populares
Página 171 - That place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.
Página 232 - ... transported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Página 236 - It is admitted that there is no express provision in the Constitution that prohibits the general government from taxing the means and instrumentalities of the States, nor is there any prohibiting the States from taxing the means and instrumentalities of that government. In both cases the exemption rests upon necessary implication, and is upheld by the great law of self-preservation: as any government, whose means employed in conducting its operations, if subject, to the control of another and distinct...
Página 229 - All persons are born equally free, and have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties, of acquiring, possessing and protecting property, and of seeking and obtaining their safety and happiness in all lawful ways.
Página 225 - By the general concurrence of opinion of every civilized and Christian community, there are few sources of crime and misery to society equal to the dramshop, where intoxicating liquors, in small quantities, to be drunk at the time, are sold indiscriminately to all parties applying. The statistics of every State show a greater amount of crime and misery attributable to the use of ardent spirits obtained at these retail liquor saloons than to any other source.
Página 237 - It does not at all follow that every statute enacted ostensibly for the promotion of these ends is to be accepted as a legitimate exertion of the police powers of the State.
Página 231 - 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.
Página 226 - No legislature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. The supervision of both these subjects of governmental power is continuing in its nature, and they are to be dealt with as the special exigencies of the moment may require. Government is organized with a view to their preservation, and cannot divest itself of the power to provide for them. For this purpose the largest legislative discretion is allowed, and the discretion...
Página 144 - Because in a few specified and limited cases this court has declared that unsecured claims were entitled to priority over mortgage debts, an idea seems to have obtained that a court appointing a receiver acquires power to give such preference to any general and unsecured claims. It has been assumed that a court appointing a receiver could rightfully burden the mortgaged property for the payment of any unsecured indebtedness. Indeed, we are advised that some courts have made the appointment of a receiver...
Página 225 - There is no inherent right in a citizen to thus sell intoxicating liquors by retail ; it is not a privilege of a citizen of the state of or a citizen of the United States.