Reports of Cases Determined by the Supreme Court of the State of Missouri, Volumen247


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Página 440 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested in them by the constitution may think necessary and expedient.
Página 550 - Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may be prescribed by law; and until the same shall be paid to the owner, or into court for the owner, the property shall not be disturbed or the proprietary rights of the owner therein di606] vested. The fee of land taken for railroad tracks without consent of the owner thereof, shall remain in such owner subject to the use for which it is taken.
Página 288 - ... shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the governor until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term.
Página 463 - Ed. 269, this court declared it to be thoroughly established that the inhibitions of the Constitution of the United States upon the impairment of the obligation of contracts, or the deprivation of property without due process or of the equal protection of the laws, by the states, are not violated by the legitimate exercise of legislative power in securing the public safety, health, and morals. "The governmental power of self-protection...
Página 427 - To construct their road across, along, or upon any stream of water, water-course, street, highway, plank road, turnpike or canal, which the route of its road shall intersect or touch; but the company shall restore the stream or watercourse, street, highway, plank road and turnpike thus intersected or touched, to its former state, or to such state as not unnecessarily to have impaired its usefulness.
Página 214 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Página 436 - ... along, across, under or over, any public or private highway, road, street, plankroad, or railroad, if the same shall be necessary; but the said company shall put such highway, road, street, plankroad, or railroad, in such condition and state of repair as not to impair or interfere with its free and proper use.
Página 214 - Defendant demurred to the complaint on the ground that the facts stated were not sufficient to constitute a cause of action. The...
Página 88 - Also at the close of the entire case each of the appellants asked an instruction in the nature of a demurrer to the evidence, which the court refused...
Página 443 - In the latter case it was held that uncompensated obedience to a regulation enacted for the public safety under the police power of the state was not taking property without due compensation.

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