The Pacific Reporter, Volume 61West Publishing Company, 1900 - Law reports, digests, etc |
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adverse possession affirmed agent alleged amount answer appeal assignment authority Baker county Bank bonds cause of action certificate claim Code Colo complaint constitution contract corporation coun counsel court of equity creditors debt decision decree deed defendant defendant's demurrer denied district court ditch entitled evidence execution fact favor fendant filed held Hodgeman county homestead instructions interest irrigation issued judg judgment jurisdiction jury land lien mandamus ment mortgage motion negligence nonsuit owner paid parties payment person plaintiff in error possession prior proceedings purchase purpose question railroad reason record rendered respondent reversed rule Rush county secured Simon Oppenheimer statute statute of limitations sufficient suit superior court Supreme Court sustained taxes testified testimony thereof tiff tion trial court trust Truxton Utah verdict Witcher witness writ
Popular passages
Page 240 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal in opposition to them.
Page 682 - At any time after receiving letters, the executor, administrator, or special administrator may apply to the Court or Judge and obtain an order to sell perishable and other personal property likely to depreciate in value, or which will incur loss or expense by being kept...
Page 682 - Tliis species of legislation may perhaps be properly called prerogative remedial legislation. It hears and determines no rights ; it deprives no one of his property. It simply authorizes one's real estate to be turned into personal, on the application of the person representing his interest, and under such circumstances that the consent of the owner, if capable of giving it, would be presumed.
Page 1120 - Whenever the public interest or convenience may require, the city council is hereby authorized and empowered to order the whole, or any portion...
Page 202 - Unless restrained by provisions of the federal Constitution, the power of the state, as to the mode, form, and extent of taxation, is unlimited where the subjects to which it applies are within her jurisdiction.
Page 202 - It may, therefore, be regarded as the established doctrine of this court, that so long as the State, by its laws, prescribing the mode and subjects of taxation, does not entrench upon the legitimate authority of the Union, or violate any right recognized, or secured, by the Constitution of the United States, this court, as between the State and its citizen, can afford him no relief against State taxation, however unjust, oppressive, or onerous.
Page 202 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
Page 1124 - No case has been cited in which it has been held that interference by a writ sued out by a private litigant will excuse performance of a contract, although it may deprive the contractor of the means of performance. It is not prevention by operation of law. It is the act of an individual, and not of the government. In a certain sense, the property so taken may be in...
Page 206 - ... that these differences in fact are sufficient to distinguish the law of the present case from those referred to. The negotiable character of the bonds of the West Virginia railroad corporations does not appear from the record ; but in our opinion, if it were so apparent, neither that circumstance, nor the mere fact that they are kept out of the State, can affect the rule that they have locality for purposes of taxation at the place where they are held — that is, owned.
Page 704 - The following are applicable sections of the act, some immaterial parts being omitted : " SEC. 22. All places where intoxicating liquors are sold, bartered or given away in violation of this act, or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage...