Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, with a Rev. Ed. of Blackstone's Commentaries, Volumen13Eugene Allen Gilmore, William Charles Wermuth Blackstone Institute, 1914 |
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... Questions of privilege .. 38. Questions of privilege - How raised .. 39. Motion for orders of the day ..... CHAPTER V. INCIDENTAL MOTIONS . 431 431 431 432 40. Preliminary statement 433 41. The question of consideration .. 433 42. Questions ...
... Questions of privilege .. 38. Questions of privilege - How raised .. 39. Motion for orders of the day ..... CHAPTER V. INCIDENTAL MOTIONS . 431 431 431 432 40. Preliminary statement 433 41. The question of consideration .. 433 42. Questions ...
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... question here is whether the solicitor goes about making special contracts , or whether he lets people know generally that he is ready to deal with all comers as in regular course of business . Where a carter19 was soliciting business ...
... question here is whether the solicitor goes about making special contracts , or whether he lets people know generally that he is ready to deal with all comers as in regular course of business . Where a carter19 was soliciting business ...
Página 43
... question is often raised whether in a particular case the regular relationship of the public sort has actually been established by the undertaking of the service asked . The modern railroad habitually receives passengers at stations ...
... question is often raised whether in a particular case the regular relationship of the public sort has actually been established by the undertaking of the service asked . The modern railroad habitually receives passengers at stations ...
Página 51
... question . What the courts generally do is to hold justifiable a regulation which is made by a company in good faith and enforced by it without discrimination , unless it is plainly outrageous in its general operation . If the court ...
... question . What the courts generally do is to hold justifiable a regulation which is made by a company in good faith and enforced by it without discrimination , unless it is plainly outrageous in its general operation . If the court ...
Página 83
... question becomes one of pub- lic policy rather than positive law . The only issue then is whether the contract in question is truly in- consistent with the maintenance of that high stand- ard which public service demands . And it ...
... question becomes one of pub- lic policy rather than positive law . The only issue then is whether the contract in question is truly in- consistent with the maintenance of that high stand- ard which public service demands . And it ...
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Otras ediciones - Ver todas
Modern American Law: A Systematic and Comprehensive Commentary on ..., Volumen10 Eugene Allen Gilmore,William Charles Wermuth Sin vista previa disponible - 2015 |
Términos y frases comunes
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Pasajes populares
Página 496 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only.
Página 497 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use,...
Página 604 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Página 662 - ... to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions, and instructions, either with penalties or without ; so as the same be not repugnant or contrary to this constitution, as they sh;ill judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same...
Página 720 - Government is instituted for the common good, for the protection, safety, prosperity, and happiness of the people and not for the profit, honor or private interest of any one man, family, or class of men...
Página 675 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Página 713 - SECTION 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, and in Justices of the Peace.
Página 346 - 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.
Página 286 - It was there declared and decided, that " all qualified voters, who absent themselves from an election duly called, are presumed to assent to the expressed will of the majority of those voting, unless the law providing for the election otherwise declares. Any other rule would be productive of the greatest inconvenience, and ought not to be adopted, unless the legislative will to that effect is clearly expressed,
Página 497 - But we need not go further. Enough has already been said to show that, when private property is devoted to a public use, it is subject to public regulation. It remains only to ascertain whether the warehouses of these plaintiffs in error, and the business which is carried on there, come within the operation of this principle.