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action affirmed alleged allowed amount answer appellant application appointed assignment authority Bank benefit bond brought cause charge claim clerk commissioners common complaint concurred condition construction contract costs court creditors damages death DECEMBER TERM defendant delivered denied DEPARTMENT determined directed dollars duty effect entered entitled evidence exceptions execution executors fact FEBRUARY TERM FIFTH DEPARTMENT follows give given granted ground held injury intention interest issued JANUARY TERM John judge judgment jury land liable manner Matter ment mortgage motion named necessary notice objection Opinion owner paid party payment person plaintiff possession premises presented proceedings provisions question railroad reason received recover referred relator Respondent reversed rule SECOND secure share Special statute street sufficient taken thereof tion trial trustee wife witness York
Page 133 - When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.
Page 519 - The conclusion to be deduced from the authorities is, that where power is given to public officers in the language of the act before us, or in equivalent language, whenever the public interest or individual rights call for its exercise, the language used, though permissive in form, is, in fact, peremptory.
Page 72 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 27 - To the refusal of the court to charge as requested, and to the charge as given, the prisoner excepted.
Page 513 - Where the facts can be placed before a jury, and they are of such a nature that jurors generally are just as competent to form opinions in reference to them and draw inferences from them as witnesses, then there is no occasion to resort to expert or opinion evidence.
Page 556 - ... be recovered in an action brought by the attorney-general in the name of the people of...
Page 66 - And several grants and promises made of fines and forfeitures, before any conviction or judgment against the persons, upon whom the same were to be levied.
Page 11 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Page 324 - Act (Laws 1882, chap. 410, § 55) provides a.follows : '•Any person holding office, whether by election or appointment, who shall, during his term of office, accept, hold or retain any other civil office of honor, trust, or emolument, under the government of the United States...