Atlantic Reporter, Volume 106West Publishing Company, 1919 |
From inside the book
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Page 17
... DUTY . - EXISTENCE OF RIGHT To warrant issuance of writ of mandamus in any case , petitioner's right must be clear , and the public duty sought to be enforced must be clear and specific . 3. MANDAMUS 87 - ACTION BY ADMINISTRA- TIVE ...
... DUTY . - EXISTENCE OF RIGHT To warrant issuance of writ of mandamus in any case , petitioner's right must be clear , and the public duty sought to be enforced must be clear and specific . 3. MANDAMUS 87 - ACTION BY ADMINISTRA- TIVE ...
Page 18
... duty in the premises , in taking notice of the fact that a state of war exists between the United States and Austro - Hungary , and that public ( Court of Errors and Appeals of New Jersey . policy would therefore warrant him in refus ...
... duty in the premises , in taking notice of the fact that a state of war exists between the United States and Austro - Hungary , and that public ( Court of Errors and Appeals of New Jersey . policy would therefore warrant him in refus ...
Page 68
... duty to carry in white clay to be worked by the jiggerman . This clay he placed on the bench at which the jiggerman worked . Underneath the bench at which the jiggerman and another employé known as the batteroutman worked was closed ...
... duty to carry in white clay to be worked by the jiggerman . This clay he placed on the bench at which the jiggerman worked . Underneath the bench at which the jiggerman and another employé known as the batteroutman worked was closed ...
Page 75
... duties and liabilities were under the agreement of November 9 , 1910 . The court below entered a decree for plain- tiff ... duty to apply it in payment of the mortgage interest and the Wingert note ; and ( 3 ) the agreement of November 9 ...
... duties and liabilities were under the agreement of November 9 , 1910 . The court below entered a decree for plain- tiff ... duty to apply it in payment of the mortgage interest and the Wingert note ; and ( 3 ) the agreement of November 9 ...
Page 88
... duty imposed upon it by the law . The first consideration is the nature of the plaintiff's own testimony . The defendants argue that his testimony is unreliable , particu- larly in view of his statements relative to his signature . When ...
... duty imposed upon it by the law . The first consideration is the nature of the plaintiff's own testimony . The defendants argue that his testimony is unreliable , particu- larly in view of his statements relative to his signature . When ...
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accident action affirmed agreement alleged Allegheny County amount appeal appellee application authority Baltimore City bill certiorari Chancery charge claim Common Pleas compensation complainant Conn contract corporation counsel Court of Chancery court of equity Court of Errors creditors damages death debt deceased decree deed defendant defendant's Digests and Indexes election employé entitled equity evidence execution executor fact fendant filed held indictment injury insolvent issue Jersey Jersey City judge judgment jury justice Key-Numbered Digests land liability ment mortgage motion Mowser N. J. Eq N. J. Law negligence Newark opinion owner paid party wall payment person petitioner Pittsburgh plaintiff proceedings purchase quantum meruit question reason receiver rule statute stockholders suit Superior Court Supreme Court testator testimony thereof tion topic and KEY-NUMBER town tract trial trust verdict wife witness
Popular passages
Page 227 - To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Page 275 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Page 173 - The constitutional validity of law is to be tested, not by what has been done under it, but by what may, by its authority, be done.
Page 92 - ... profits, and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
Page 271 - It was for the building of a bridge, which it recites the party of the second part "desires to build across the Allegheny river, and in accordance with specifications and plans * * * heretofore submitted to the. party of the first part by the .party of the second part.
Page 350 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.
Page 277 - This power, which in its various ramifications is known as the police power, is an exercise of the sovereign right of the Government to protect the lives, health, morals, comfort and general welfare of the people, and is paramount to any rights under contracts between individuals.
Page 275 - No legislature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. The supervision of both these subjects of governmental power is continuing in its nature, and they are to be dealt with as the special exigencies of the moment may require. Government is organized with a view to their preservation, and cannot divest itself of...
Page 392 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 275 - But the power of governing is a trust committed by the people to the government, no part of which can be granted away. The people in their sovereign capacity have established their agencies for the preservation of the public health and the public morals and the protection of public and private rights. These several agencies can govern according to their discretion, if within the scope of their general authority while in power, but they cannot give away nor sell the discretion of those that are to...