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action adverse possession alleged appeal applied authority Bank benefit bill building cause charge Circuit claim common condition consideration constitution contract corporation court creditors CRIMINAL damages death debt decision deed defendant duty effect entitled equity evidence execution existence fact federal firm give given ground held hold husband injury interest joint judge judgment jurisdiction jury justice land liability limitations Mass matter means ment mortgage N. E. Rep N. Y. Supp nature necessary negligence opinion owner paid parties passenger payment person plaintiff possession present principle proceedings purchaser question railroad railway reason received recover relation result rule S. W. Rep says secure statute street suit tion trial trust United wife witness York
Σελίδα 65 - The court said 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 defendant, that the accident arose from want of care.
Σελίδα 322 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Σελίδα 25 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it Commonwealth v. Alger. under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Σελίδα 25 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Σελίδα 131 - ... their happiness, and acquire and enjoy property; that they should have like access to the courts of the country for the protection of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts; that no impediment should be interposed to the pursuits of any one, except as applied to the same pursuits by others under like circumstances; that no greater burdens should be laid upon one than are laid upon others in the same calling and condition; and that in...
Σελίδα 25 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient.
Σελίδα 423 - The words and phrases used in this Act and in proceedings pursuant hereto shall, unless. the same be inconsistent with the context, be construed as follows: (1) " A person against whom a petition has been filed...
Σελίδα 112 - Johnson,) a lawyer has no business with the justice or injustice of the cause, which he undertakes, unless his client asks his opinion, and then he is bound to give it honestly. The justice or injustice of the cause is to be decided by the judge.
Σελίδα 130 - Every one has a right to demand that he be governed by general rules, and a special statute, which, without his consent, singles his case out as one to be regulated by a different law from that which is applied in all similar cases, would not be legitimate legislation, but would be such an arbitrary mandate as is not within the province of free governments.
Σελίδα 131 - The fourteenth amendment, in declaring that no state 'shall deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws/ undoubtedly intended not only that there should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights...