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" 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. "
The New York Supplement - Page 507
1920
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Reform and Regulation of Property Rights, Volume 3

James W. Ely - Business & Economics - 1997 - 426 pages
...precedent for including Munn & Scott's grain warehouse and elevator within that principle. He wrote: Looking, then, to the common law, from whence came...find that when private property is 'affected with a poblic interest, it ceases to be juris privati only.' This was said by Lord Chief Justice Hale more...
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Law and the Regulators

Tony Prosser - Law - 1997 - 313 pages
...perform the duty attached to it on reasonable terms. 69 Similarly, Le Blanc J considered that 'where private property is affected with a public interest, it ceases to be juris privati only; and in cases of its dedication to such a purpose as this, the owners cannot take arbitrary and excessive...
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Justices, Presidents, and Senators: A History of the U.S. Supreme Court ...

ROWMAN & LITTLEFIELD PUBLISHERS, Henry Julian Abraham, NATL BOOK NETWORK - History - 1999 - 429 pages
...to regulate those categories of business "affected with a public interest." He went on to point out that "when private property is affected with a public interest it ceases to be juris privo-ti only ,"" and he concluded with the often repeated admonition that for "protection against...
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The Progressive Assault on Laissez Faire

Barbara FRIED - Law - 2009 - 352 pages
...regulation rests, in order that we may determine what is within and what without its operative effect. Looking, then, to the common law, from whence came...This was said by Lord Chief Justice Hale more than two hundred years ago, in his treatise De Portibus Man's, . . . and has been accepted without objection...
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A Treatise on State and Federal Control of Persons and Property in ..., Volume 1

Christopher Gustavus Tiedeman - Law - 2002 - 1274 pages
...we will quote again Chief Justice Waite's statement of the rule laid down in that case. He says : " Looking, then, to the common law, from whence came...This was said by Lord Chief Justice Hale, more than two hundred years ago, in his treatise De Porlibus Maris,3 and has been accepted without objection...
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The Waite Court: Justices, Rulings, and Legacy

D. Grier Stephenson - Law - 2003 - 349 pages
...including a seventeenth-century treatise by Lord Chief Justice Hale from which Waite quoted: "[Wjhen private property is 'affected with a public interest,' it ceases to be juris privati only. . . . Property does become clothed with a public interest when used in a manner to make it of public...
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The Texas Railroad Commission: Understanding Regulation In America To The ...

William R. Childs - Business & Economics - 2005 - 323 pages
...property. Both the common law and the US constitution, Waite maintained, had sustained the proposition "that when private property is 'affected with a public...interest, it ceases to be juris privati only.'" This proposition, stated more than two hundred years before, "has been accepted without objection as an...
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The Influence of American Theories of Judicial Review on Nordic ...

Ragnhildur Helgadóttir - Religion - 2006 - 285 pages
...opinion in Munn v. Illinois, where the court described the police powers and developed Lord Male's view that "when private property is 'affected with a public interest, it ceases to be juris privati only'", and followed up on cases concerning businesses affected with a public interest through Nebbia. 469...
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American Economic Policy from the Revolution to the New Deal

William Letwin - Business & Economics - 2017 - 406 pages
...regulation rests, in order that we may determine what is within and what without its operative effect. Looking, then, to the common law, from whence came...This was said by Lord Chief Justice Hale more than two hundred years ago, in his treatise De Portibus Marts . . . and has been accepted without objection...
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Classics of American Political and Constitutional Thought: Reconstruction to ...

Scott J. Hammond, Kevin R. Hardwick, Howard Leslie Lubert - History - 2007 - 963 pages
...of individual citizens. After quoting a remark attributed to Lord Chief Justice Hale, to the effect e relevant I should whole-heartedly associate myself with the general libertarian views in the Cour the court says: Property does become clothed with a public interest when used in a manner to make it...
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