The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 60
Abraham Clark Freeman
Bancroft-Whitney Company, 1898 - Law reports, digests, etc
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action actual agreement alleged amount answer appear appellant applied appropriation assignment authority Bank bill cause charge claim complaint condition consideration considered constitution construction contract corporation court creditors damages death debt decision defendant determined dollars duty effect entered entitled error evidence execution existed express fact filed follows fraud give given ground hands held hold injury intention interest issue judge judgment jurisdiction jury land liability limitations marriage Mass matter means ment mortgage motion necessary notice objection opinion owner paid parties payment person plaintiff possession present principal proceedings purchase question reason received record recover relation rendered rule statute street sufficient suit taken thereof tion trial unless valid void wife witness
Page 614 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public, generally, as distinguished from those of a particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals. The legislature may not, under the guise of protecting the public interests, arbitrarily interfere with private business, or impose unusual...
Page 796 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 880 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter of fact occurring before the death of such deceased person.
Page 126 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 672 - no suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in *such assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee.
Page 697 - All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same whenever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the General Assembly.
Page 254 - Every one has a right to enjoy the fruits and advantages of his own enterprise, industry, skill, and credit. He has no right to be protected against competition; but he has a right to be free from malicious and wanton interference, disturbance, or annoyance.
Page 769 - Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war, or other public •exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public...
Page 877 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died intestate, and succeeds thereto as provided in the preceding section.