The Monthly Law Reporter, Volume 22Charles C. Little and James Brown, 1860 - Law |
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Page 14
... , on demand , but under protest . Such also seems to be the force of the remarks of MR . JUSTICE BIGELOW , in Boston v . Capen , 7 Cushing , 116 , 124. The case of Benson v 14 Recovery of money paid on illegal demand .
... , on demand , but under protest . Such also seems to be the force of the remarks of MR . JUSTICE BIGELOW , in Boston v . Capen , 7 Cushing , 116 , 124. The case of Benson v 14 Recovery of money paid on illegal demand .
Page 16
... seems to us to be a mere perversion of terms . In the first place , the parties stood upon an unequal footing . Monroe , the defendant , was clothed with the au- thority of a public officer ; colore officii he obtained the plaintiff's ...
... seems to us to be a mere perversion of terms . In the first place , the parties stood upon an unequal footing . Monroe , the defendant , was clothed with the au- thority of a public officer ; colore officii he obtained the plaintiff's ...
Page 17
... seems to have been allowed to the owners of the vessel consisted in a mere choice of evils . They were driven to pay one illegal demand , rather than encounter the greater , more hazardous , and vastly disproportionate pressure of ...
... seems to have been allowed to the owners of the vessel consisted in a mere choice of evils . They were driven to pay one illegal demand , rather than encounter the greater , more hazardous , and vastly disproportionate pressure of ...
Page 18
... ex- cept to regain possession of their property withheld from them on grounds manifestly wrong . Indeed , it seems sufficient to sustain the action , whether under the act 18 Recovery of money paid on illegal demand .
... ex- cept to regain possession of their property withheld from them on grounds manifestly wrong . Indeed , it seems sufficient to sustain the action , whether under the act 18 Recovery of money paid on illegal demand .
Page 19
... seems to be the true rule applicable to all cases , where a public officer has illegally demanded and received money , colore officii , whether it be a fee to which he was not entitled , or a tax or duty illegally claimed in reference ...
... seems to be the true rule applicable to all cases , where a public officer has illegally demanded and received money , colore officii , whether it be a fee to which he was not entitled , or a tax or duty illegally claimed in reference ...
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Common terms and phrases
action alleged allowed amount answer appeared applied authority bill Boston brought called cause character charge claim common condition considered constitution contained contract counsel course court creditor damages death debt decided decision defendant doubt duty effect entered entitled evidence execution fact George give given ground held House important insane interest issue John judge judgment judicial jury justice land liable Lord loss matter means nature necessary never notice objection officers opinion owner paid party passed performance person plaintiff practice present principle prisoner proceedings proved question reason received recover reference refused regard respect rule seems ship statute sufficient suit taken testimony tion trial United verdict vessel whole wife witness