Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Volume 12David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey Mercantile Print. Company, 1894 - Law reports, digests, etc |
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Page 44
... mandamus may require the said chief engineer to surrender his office and the property connected therewith to his successor thus appointed . ( July 22 , 1884. ) ERROR to the Superior Court in and for New Castle County . INFORMATION in ...
... mandamus may require the said chief engineer to surrender his office and the property connected therewith to his successor thus appointed . ( July 22 , 1884. ) ERROR to the Superior Court in and for New Castle County . INFORMATION in ...
Page 68
... Mandamus will lie to enforce the performance of a particular duty therein specified , which duty results from the official station of the party to whom the writ is directed , or from operation of law , where the law furnishes no other ...
... Mandamus will lie to enforce the performance of a particular duty therein specified , which duty results from the official station of the party to whom the writ is directed , or from operation of law , where the law furnishes no other ...
Page 70
... Mandamus may be awarded to compel the performance of a public duty it may issue against Mr. Coyle in this case . Mandamus will lie at the instance of the officers especially charged with a public duty and representing the public ...
... Mandamus may be awarded to compel the performance of a public duty it may issue against Mr. Coyle in this case . Mandamus will lie at the instance of the officers especially charged with a public duty and representing the public ...
Page 71
... mandamus , the effect of moving for the peremptory writ upon the pleadings is to admit the truth of the matters of fact contained in the answer . • High , Ex . Rem . , Sec . 554 ; Exparte Newman , 14 Wallace , 166 . Where the return is ...
... mandamus , the effect of moving for the peremptory writ upon the pleadings is to admit the truth of the matters of fact contained in the answer . • High , Ex . Rem . , Sec . 554 ; Exparte Newman , 14 Wallace , 166 . Where the return is ...
Page 137
... Mandamus - Jurisdiction of Court- When Granted . The writ of mandamus is an appropriate remedy for the enforcement of private rights where there is no other adequate remedy . The right to use it must first be ob- tained from the proper ...
... Mandamus - Jurisdiction of Court- When Granted . The writ of mandamus is an appropriate remedy for the enforcement of private rights where there is no other adequate remedy . The right to use it must first be ob- tained from the proper ...
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Common terms and phrases
accrued aforesaid agreement alleged appears applied assignment assumpsit authority Bank bond building Castle County cause of action Chancellor charter child or children city of Wilmington claim commencement commissioners common law Constitution construction contract counsel Court of Chancery Court of Equity creditors damages death debt declaration decree defendant Delaware demurrer devise Diamond Match Company dollars dower duty entitled evidence execution existing expressly fact foreign corporation heirs husband intention issue joint debtors judgment jurisdiction lawfully begotten legislative Legislature levy liable ment officers paid parties payment person plaintiff plaintiff in error plea pleading possession provisions purpose question real estate reason recover relator remedy replevin respect rule sheriff statute of limitations stockholder suit Superior Court survivor or survivors taxes testator thereof tion Todd Truax trust verdict wall wife William H witnesses words writ of mandamus
Popular passages
Page 58 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it. either expressly, or as incidental to its very existence.
Page 90 - ... make, have, and use a common seal, and the same to break, alter, and renew at their pleasure; and also to ordain, establish, and put in execution...
Page 90 - ... to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, in courts of record, or any other place whatsoever...
Page 62 - This is plainly a contract to which the donors, the trustees, and the crown (to whose rights and obligations New Hampshire succeeds) were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is then a contract within the letter of the constitution, and within its spirit also...
Page 357 - It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires, in every case where there is no other specific remedy. It protects the liberty of the subject, by speedy and summary interposition.
Page 293 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 55 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the legislature intended them as a whole, and...
Page 65 - The objection to a law, on the ground of its impairing the obligation of a contract, can never depend upon the extent of the change which the law effects in it.
Page 142 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law ; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 88 - ... provides that no man shall be deprived of his property except by due process of law.