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action agent alleged amount appear applied assessment assignment association authority Bank bill bonds bridge cause charge claim common constitution construction contract corporation court creditors debt debtor deed defendant direct duty effect entitled evidence execution exercise existence fact fund give given ground held hold injury intention interest Iowa judgment jury land legislature liable lien limits loan Mass means ment Michigan mortgage nature negligence notice officers Ohio operation opinion paid parties passed payment person pipe plaintiff present principle priority protection purchaser question railroad reason received record recover reference relation road rule says secure servant shares statute street supra thereof tion union United York
Page 256 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 396 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 194 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
Page 82 - And these may be reduced to three principal or primary articles ; the right of personal security, the right of personal liberty and the right of private property...
Page 98 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 418 - With scarcely an exception, all the powers and functions of the county organization have a direct, and exclusive reference to the general policy of the State, and are, in fact, but a branch of the general administration of that policy.
Page 227 - States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Page 361 - Fraud without damage, or damage without fraud, gives no cause of action; but where these two concur, an action lies.
Page 256 - That all constitutional government is intended to promote the general welfare of the people ; that all persons have a natural right to life, liberty and the enjoyment of the gains of their own industry...
Page 254 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.