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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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Handbook of American Constitutional Law

Henry Campbell Black - Constitutional law - 1897 - 716 pages
...with a public interest." "Looking to the common law," says Chief Justice Waite, "we find that when property is 'affected with a public interest, it ceases...This was said by Lord Chief Justice Hale more than two hundred years ago, and has been accepted without objection as an essential element in the law of...
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State Control of Trade and Commerce by National Or State Authority

Albert Stickney - Industrial policy - 1897 - 202 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...the Constitution protects, we find that when private properly is ' affected with a public interest, it ceases to be juris privati only.' This was said by...
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Lawyers' Reports Annotated, Book 33

Law reports, digests, etc - 1897
...the passage from Lord Hale <De Portibus Marls, 1 Margraves, Law Tracts. 78; to the effect that where private property Is affected with a public interest It ceases to be ixrir prifoti only, and be says that this principle attaches If there exists in the place and for the...
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A Treatise on the Law of Private Corporations

Henry Osborn Taylor - Corporation law - 1898 - 946 pages
...due process of law ; Braceville Coal Co. R People, 147 111.66. • 94 US 113, 126 (Elevator Cssee). "Looking then to the common law from whence came the...' affected with a public interest it ceases to be juriť privati only. ' This was said by Lord Chief Justice Hale more than two hundred years ago in...
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Cases on American Constitutional Law

Lawrence Boyd Evans - Constitutional law - 1898 - 678 pages
...particular: it simply prevents the States from doing that which will operate as such a deprivation. stitution protects, we find that when private property is "affected...This was said by Lord Chief Justice Hale more than two hundred years ago, in his treatise De Portibus Maris, 1 Harg. Law Tracts, 78. and has been accepted...
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A Treatise on the Law of Monopolies and Industrial Trusts: As Administered ...

Charles Fisk Beach - Antitrust law - 1898 - 760 pages
...regulation rests, in order that we may determine what is witbin and what is without its operative effect. Looking, then, to the common law, from whence came...that when private property is 'affected with a public inteiest, it ceases to be juris privati only.' This was said by Lord Chief Justice Hale, more than...
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The American State Reports: Containing the Cases of General Value ..., Volume 62

Abraham Clark Freeman - Law reports, digests, etc - 1898
...should still understand it but for the explanations given by the court which pronounced it, were: 1. That "when private property is affected with a public interest, It ceases to be juris priviti"; 2. That it is "clothed with a public interest when used in a manner to make it of public...
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A Treatise on the Law of Monopolies and Industrial Trusts: As Administered ...

Charles Fisk Beach - Antitrust law - 1898 - 760 pages
...rent. But though this be private property yet the principle laid down by Lord Hale attaches upon it, that when private property is affected with a public interest it ceases to be juris privali only; and, in case of its dedication to such a purpose as this, the owners cannot take arbitrary...
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A Treatise on State and Federal Control of Persons and Property in ..., Volume 1

Christopher Gustavus Tiedeman - Antitrust law - 1900
...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 the right which...This was said by Lord Chief Justice Hale, more than two hundred years ago, in his treatise De Portibus Maris,3 and has been accepted without objection...
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The Law of Combinations Embracing Monopolies, Trusts, and ..., Volume 2

Arthur Jerome Eddy - Antitrust law - 1901 - 1540 pages
...rent. But though this be private property, yet the principle laid down by Lord IIulo attaches upon it, that when private property is affected with a public interest it ceases to Ixsj1trix privnti only; and, in case of its dedication to such a purpose as this, the owners cannot...
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