Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Τόμος 16David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey Mercantile Print. Company, 1899 |
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Συχνά εμφανιζόμενοι όροι και φράσεις
action affidavit aforesaid alleged alteration alternative writ amend amount Argument for Defendant ascer ascertain assessment assumpsit attachment authority averred ballot Board of Canvass Castle County certificates of election certiorari Chapter charged City of Wilmington claim Company Constitution contended corporation costs counsel Court of Oyer criminal debt Delaware duly duty Election District entitled evidence execution facts garnishee grand jury guilty Harring held Houst Hundreds and Election indictment injury inspectors issue Judges judgment jurisdiction Justice Kent County Legislature levy liable LORE ment motion negligence offence officer Opinion Oyer and Terminer party payment Peace Pepper peremptory writ person petition plaintiffs in error plea pleading proceedings quash question reason recover respondents result Section sewer Sheriff show cause signed statute streets summoned Superior Court Sussex County Term therein thereof tion trial verdict West Dover Hundred witness writ of error writ of mandamus
Δημοφιλή αποσπάσματα
Σελίδα 61 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Σελίδα 91 - It is sufficient to observe here, that by 'due process' is meant one which, following the forms of law, is appropriate to the case, and just to the parties to be affected. It must be pursued in the ordinary mode prescribed by the law ; it must be adapted to the end to be attained ; and wherever it is necessary for the protection of the parties, it must give them an opportunity to be heard respecting the justice of the judgment sought.
Σελίδα 175 - A communication made bona fide upon any subject matter in which the party communicating has an interest or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contained criminating matter which, without this privilege, would be slanderous and actionable...
Σελίδα 54 - But debts owing by corporations, like debts owing by individuals, are not property of the debtors in any sense ; they are obligations of the debtors, and only possess value in the hands of the creditors. With them they are property, and in their hands they may be taxed. To call debts property of the debtors is simply to misuse terms.
Σελίδα 197 - And it appears in our books that, in many cases, the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void, for when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such Act to be void.
Σελίδα 92 - ... or persons or occupations. In such cases the Legislature in authorizing the tax fixes its amount, and that is the end of the matter. If the tax be not paid the property of the delinquent may be sold, and he be thus deprived of his property. Yet there can be no question that the proceeding is due process of law, as there is no inquiry into the weight of evidence, or other element of a judicial nature, and nothing could be changed by hearing the taxpayer. No right of his is therefore invaded.
Σελίδα 265 - 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 accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved...
Σελίδα 353 - If a dog has once bit a man, and the owner having notice thereof keeps the dog, and lets him go about or lie at his door, an action will lie against him at the suit of a person who is bit, though it happened by such person's treading on the dog's toes; for it was owing to his not hanging the dog on the first notice. And the safety of the king's subjects ought not afterwards to be endangered.
Σελίδα 52 - It is in virtue of the State's jurisdiction over the property of the nonresident situated within its limits that its tribunals can inquire into that non-resident's obligations to its own citizens, and the inquiry can then be carried only to the extent necessary to control the disposition of the property. If the non-resident have no property in the State, there is nothing upon which the tribunals can adjudicate.
Σελίδα 263 - The object of inspection laws is to improve the quality of articles produced by the labor of a country ; to fit them for exportation, or, it may be, for domestic use. They act upon the subject before it becomes an article of foreign commerce, or of commerce among the states, and prepare it for that purpose.