The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volumes 51-52Weed, Parsons, 1895 |
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Page 6
... writ of mandamus compelling the sec- retary of state to issue passes to the State rail- road commissioners and the employes of that department . The decision is based on the theory that while the Constitution prohibits a State official ...
... writ of mandamus compelling the sec- retary of state to issue passes to the State rail- road commissioners and the employes of that department . The decision is based on the theory that while the Constitution prohibits a State official ...
Page 17
... writs ; sections 2067-2090 twenty - four sections in all , to the writ of man- damus especially . These twenty - four sections are reduced by Mr. Fiero to five , while sections 2091-2102 - twelve sections - relating to pro- - are ...
... writs ; sections 2067-2090 twenty - four sections in all , to the writ of man- damus especially . These twenty - four sections are reduced by Mr. Fiero to five , while sections 2091-2102 - twelve sections - relating to pro- - are ...
Page 23
... writs are used for the purpose of directing , con- It was the intention of the author that these sug - In this respect they are unlike the writ of Habeas trolling or reviewing the action of inferior tribunals . gestions should form part ...
... writs are used for the purpose of directing , con- It was the intention of the author that these sug - In this respect they are unlike the writ of Habeas trolling or reviewing the action of inferior tribunals . gestions should form part ...
Page 24
... writ of mandamus only serves to confuse and annoy . So much for simplicity . UNIFORMITY . of the Committee or the ... writ . ( Substituted for sec- tion 1991. ) [ The object of this section is to abolish the un- necessary formality ...
... writ of mandamus only serves to confuse and annoy . So much for simplicity . UNIFORMITY . of the Committee or the ... writ . ( Substituted for sec- tion 1991. ) [ The object of this section is to abolish the un- necessary formality ...
Page 25
... writ of certiorari to bring up a person to testify , which is provided for under the article with reference to habeas corpus , seems to be entirely un- necessary as it is difficult to imagine a case in which the writ of habeas corpus ...
... writ of certiorari to bring up a person to testify , which is provided for under the article with reference to habeas corpus , seems to be entirely un- necessary as it is difficult to imagine a case in which the writ of habeas corpus ...
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Popular passages
Page 311 - Its nature, therefore, requires, that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.
Page 373 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services, which not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.
Page 369 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 180 - It is impossible that the allied powers should extend their political system to any portion of either continent, without endangering our peace and happiness; nor can anyone believe that our Southern Brethren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should behold such interposition, in any form, with indifference.
Page 8 - After laying down my pen, I took several turns in a berceau, or covered walk of acacias, which commands a prospect of the country, the lake and the mountains. The air was temperate, the sky was serene, the silver orb of the moon was reflected from the waters and all nature was silent.
Page 137 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Page 410 - The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States which are accessible from a state other than those in which they lie. For this purpose, they are the public property of the nation, and subject to all the requisite legislation by Congress.
Page 265 - That there might be no misunderstanding of the universality of this principle, it was expressly enacted, in 1867, that ' no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court.
Page 211 - The present assault upon capital is but the beginning. It will be but the stepping-stone to others, larger and more sweeping, till our political contests will become a war of the poor against the rich ; a war constantly growing in intensity and bitterness.
Page 369 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.