Albany Law Journal, Volume 15Weed, Parsons & Company, 1877 - Law |
From inside the book
Results 1-5 of 87
Page 7
... tion has attached . But the preliminary proposition of the counsel is not correct . The jurisdiction acquired by the court by seizure of the res was not to condemn the property without further proceedings . The phys- ical seizure did ...
... tion has attached . But the preliminary proposition of the counsel is not correct . The jurisdiction acquired by the court by seizure of the res was not to condemn the property without further proceedings . The phys- ical seizure did ...
Page 15
... tion of which furnishes amusement to their authors . It is very easy to construct on paper a system of govern- ment wherein all can be happy and virtuous . There are , however , certain circumstances sure to exist , which the theorists ...
... tion of which furnishes amusement to their authors . It is very easy to construct on paper a system of govern- ment wherein all can be happy and virtuous . There are , however , certain circumstances sure to exist , which the theorists ...
Page 30
... tion in the levy of taxes for the payment of its debts , especially where their territorial jurisdiction is not the same , and the law has not authorized them to make such levy . Nor can the court order the marshal to levy taxes in such ...
... tion in the levy of taxes for the payment of its debts , especially where their territorial jurisdiction is not the same , and the law has not authorized them to make such levy . Nor can the court order the marshal to levy taxes in such ...
Page 35
... tion of State Librarian has , in several of the western States , been given to women , and they appear to dis- charge their duties in a manner entirely satisfactory . - Mr. John T. Doyle , of San Francisco , is among the number who has ...
... tion of State Librarian has , in several of the western States , been given to women , and they appear to dis- charge their duties in a manner entirely satisfactory . - Mr. John T. Doyle , of San Francisco , is among the number who has ...
Page 42
... tion 660 ( which relates to the valuation of a domestic vessel seized under a warrant of attachment ) by ex- pressly requiring that the valuation should be returned forthwith . Such a requirement , with reference to the valuation of ...
... tion 660 ( which relates to the valuation of a domestic vessel seized under a warrant of attachment ) by ex- pressly requiring that the valuation should be returned forthwith . Such a requirement , with reference to the valuation of ...
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Popular passages
Page 181 - 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, he...
Page 79 - In conferring upon Congress the regulation of commerce, it was never intended to cut the states off from legislating on all subjects relating to the health, life, and safety of their citizens, though the legislation might indirectly affect the commerce of the country. Legislation, in a great variety of ways, may affect commerce and persons engaged in it without constituting a regulation of it within the meaning of the Constitution.
Page 182 - Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 216 - All property shall be taxed according to its value, that value to be ascertained in such manner as the Legislature shall direct, so that taxes shall be equal and uniform throughout the State.
Page 181 - ... and in so doing to fix a maximum of charge to be made for services rendered, accommodations furnished, and articles sold. To this day, statutes are to be found in many of the states upon some or all these subjects; and we think it has never yet been successfully contended that such legislation came within any of the constitutional prohibitions against interference with private property.
Page 230 - ... provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed...
Page 79 - And it may be said, generally, that the legislation of a state, not directed against commerce or any of its regulations, but relating to the rights, duties, and liabilities of citizens, and only indirectly and remotely affecting the operations of commerce, is of obligatory force upon citizens within its territorial jurisdiction, whether on land or water, or engaged in commerce, foreign or interstate, or in any other pursuit.
Page 316 - All real and personal estate liable to taxation shall be estimated and assessed by the assessors at its full and true value, as they would appraise the same in payment of a just debt due from a solvent debtor.
Page 301 - Judges of the court of appeals and justices of the supreme court may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein.
Page 349 - From time to time, after full provision has been first made for refunding to the United States any deficiency in redeeming the notes of such association, the Comptroller shall make a ratable dividend of the money so paid over to him by such receiver on all such claims as may have been proved to his satisfaction or adjudicated in a court of competent jurisdiction...