Lawyers' Reports Annotated, Libro 3Lawyers' Co-operative Publishing Company, 1889 |
Dentro del libro
Resultados 1-5 de 80
Página 54
... duty , upon the ground of the necessary independence of the three co - ordinate departments of the government , and the necessity of limiting each department to its appropriate sphere of action . Mauran v . Smith , 8 R. I. 192 ; State v ...
... duty , upon the ground of the necessary independence of the three co - ordinate departments of the government , and the necessity of limiting each department to its appropriate sphere of action . Mauran v . Smith , 8 R. I. 192 ; State v ...
Página 55
... duty ; its purpose is purely mandatory . Re Abrams v . Hempstead Town Auditors , 45 Hun , 272 , 10 N. Y. S. R. 378 . Mandamus cannot be converted into a writ of error . State v . Wright , 4 Nev . 119 ; People v . Wes- ton , 28 Cal . 639 ...
... duty ; its purpose is purely mandatory . Re Abrams v . Hempstead Town Auditors , 45 Hun , 272 , 10 N. Y. S. R. 378 . Mandamus cannot be converted into a writ of error . State v . Wright , 4 Nev . 119 ; People v . Wes- ton , 28 Cal . 639 ...
Página 56
... duty required by the Constitution . On the other hand it is insisted for the petitioner that if any jurisdic- tion existed for the injunction , the action of the circuit court in the mandamus proceedings is | an office ; but where such ...
... duty required by the Constitution . On the other hand it is insisted for the petitioner that if any jurisdic- tion existed for the injunction , the action of the circuit court in the mandamus proceedings is | an office ; but where such ...
Página 57
... duty and he is not exceeding or abusing his power , but fairly acting within the same , and a court issues a writ to restrain him from its performance , he must discharge his duty as prescribed by law . " That case was a proceeding for ...
... duty and he is not exceeding or abusing his power , but fairly acting within the same , and a court issues a writ to restrain him from its performance , he must discharge his duty as prescribed by law . " That case was a proceeding for ...
Página 58
... duty of the sec- retary of state to deliver the same to the speak- er of the House , the said injunction was an absolute nullity and constituted no ground for the refusal of said officer to discharge that duty . stance , for any ground ...
... duty of the sec- retary of state to deliver the same to the speak- er of the House , the said injunction was an absolute nullity and constituted no ground for the refusal of said officer to discharge that duty . stance , for any ground ...
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Términos y frases comunes
action agreement alleged amount appear appellant appellee apply Asso authority Bank Bank of Alexandria bill carrier cause Cent Circuit Court City claim common carrier common law complainant Constitution contract corporation County court of equity creditors damages debt debtor declared deed defendant delivered the opinion demurrer Dram Shop duty election entitled equity evidence execution exempt fact governor held injury intended Iowa judgment jurisdiction jury land Legislature liable libel lien M. R. Co mandamus Mass ment Messrs Minn mortgage N. J. Eq negligence owner paid parties partnership passenger payment person petition plaintiff plaintiff in error promissory note purpose question railroad company reason recover rule South Carolina statute stockholders street suit supra SUPREME COURT Teleg testator thereof tion trial trust valid Wend West
Pasajes populares
Página 328 - Every husband, wife, child, parent, guardian, employer, or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Página 358 - 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 353 - The franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county in this State shall be assessed by the State Board of Equalization...
Página 361 - Every possible presumption is in favor of the validity of a statute, and this continues until the contrary is shown beyond a rational doubt. One branch of the government cannot encroach on the domain of another without danger. The safety of our institutions depends in no small degree on a strict observance of this salutary rule.
Página 196 - ... due process of law,' provided by the state law when a citizen is deprived of his property, and that, in judging what is 'due process of law,' respect must be had to the cause and object of the taking, whether under the taxing power, the power of eminent domain, or the power of assessment for local improvements, or none of these ; and if found to be suitable or admissible in the special case, it will be adjudged to be
Página 401 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Página 67 - Governor, shall be impeached, displaced, resign, or die, or otherwise become incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the disability removed...
Página 196 - State or of some more limited portion of the community, and those laws provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice, with such notice to the person, or such proceeding in regard to the property as is appropriate to the nature of the case, the judgment in such proceedings cannot be said to deprive the owner of his property without due process of law, however obnoxious it may be to other objections.
Página 197 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
Página 310 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, were reduced to writing...