Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Τόμος 18William Mark McKinney, Burdett Alberto Rich Edward Thompson Company, 1917 |
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Σελίδα 79
... DUTY ENFORCEABLE 29. Ministerial Character of Duty as Affected by Nature of Office 30. Acts Requiring Construction of Statutes 31. Necessity for Duty and Power to Act 32. Obligation of Statute Must Be Mandatory 33. Continuous Course of ...
... DUTY ENFORCEABLE 29. Ministerial Character of Duty as Affected by Nature of Office 30. Acts Requiring Construction of Statutes 31. Necessity for Duty and Power to Act 32. Obligation of Statute Must Be Mandatory 33. Continuous Course of ...
Σελίδα 86
... Duty 275. Private Person Having Special Interest in Performance of Public Duty 276. Right of Private Person to Enforce Public Right or Duty Relating to Elections 277. Who May Join as Relators in Mandamus Proceeding 278. In General ...
... Duty 275. Private Person Having Special Interest in Performance of Public Duty 276. Right of Private Person to Enforce Public Right or Duty Relating to Elections 277. Who May Join as Relators in Mandamus Proceeding 278. In General ...
Σελίδα 106
... duty sought to be enforced is unconstitutional and therefore he is under no obliga- tion to perform such duty . In the first class of cases there seems to be no reason why the relator may not attack the constitutionality of the statute ...
... duty sought to be enforced is unconstitutional and therefore he is under no obliga- tion to perform such duty . In the first class of cases there seems to be no reason why the relator may not attack the constitutionality of the statute ...
Σελίδα 107
... duty and that as a plain ministerial duty cannot exist which is made to appear only by declaring a statute unconstitutional , the writ will not issue if it is necessary in order to fix upon the respondent the duty sought to be enforced ...
... duty and that as a plain ministerial duty cannot exist which is made to appear only by declaring a statute unconstitutional , the writ will not issue if it is necessary in order to fix upon the respondent the duty sought to be enforced ...
Σελίδα 109
... duty imposed upon him by statute , he cannot set up in defense of his nonaction the unconstitu- tionality of the statute when it does not affect his personal rights and he has no interest in defeating its enforcement.14 Otherwise it has ...
... duty imposed upon him by statute , he cannot set up in defense of his nonaction the unconstitu- tionality of the statute when it does not affect his personal rights and he has no interest in defeating its enforcement.14 Otherwise it has ...
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action for malicious alternative writ application assumption of risk authority Chicago Coal Colo common law Conn contract contributory negligence corporation County court courts of equity damages damus danger defendant discharge discretion doctrine duty election employee employment enforce entitled equity evidence exercise fact federal fellow servant granted infra injury issuance issue to compel judgment judicial jurisdiction jury Klipfel liability lie to compel lien Louis Louis Car Co Louisville Lumber malicious prosecution mandamus proceedings mandamus to compel mandamus will lie marriage Mass master ministerial Minn municipal Note Ohio St Okla parties Pennsylvania Co perform person plaintiff probable cause proper question reason recovery refusal relator rule statute supra Tenn tion U. S. L Wash writ of mandamus
Δημοφιλή αποσπάσματα
Σελίδα 829 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee...
Σελίδα 820 - ... in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Σελίδα 819 - Act to' recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Σελίδα 204 - The conclusion from this reasoning is that, where the heads of departments are the political or confidential agents of the executive, merely to execute the will of the President, or rather to act in cases In which the executive possesses a constitutional or legal discretion, nothing can be more perfectly clear than that their acts are only politically examlnable.
Σελίδα 545 - ordinary care,' ' reasonable prudence,' and such like terms as applied to the conduct and affairs of men have a relative significance, and cannot be arbitrarily defined. What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each...
Σελίδα 3 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act done intentionally without just cause or excuse.
Σελίδα 835 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Σελίδα 316 - Court is bound by the decree as the law of the case; and must carry it into execution, according to the mandate.
Σελίδα 511 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.
Σελίδα 832 - Sec. 9. That any right of action given by this act to a person suffering injury shall survive to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee, and if none, then of such employee's parents ; and, if none, then of the next of kin dependent upon such employee ; but in such cases there shall be only one recovery for the same injury.