Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 47Robert Clark, 1891 |
From inside the book
Results 1-5 of 55
Page 6
... damages in this , to wit : It will be compelled to bring many suits against said defendant , the City of Zanesville ... damage to the pipes of said city , or to the streets and alleys of the defendant , the City of Zanesville . This ...
... damages in this , to wit : It will be compelled to bring many suits against said defendant , the City of Zanesville ... damage to the pipes of said city , or to the streets and alleys of the defendant , the City of Zanesville . This ...
Page 7
... damage . And the plaintiff further avers that , unless restrained by the order of this court , the defendant , the City of Zanesville , will continue to appropri- ate to its own use , without the consent of this plaintiff , and without ...
... damage . And the plaintiff further avers that , unless restrained by the order of this court , the defendant , the City of Zanesville , will continue to appropri- ate to its own use , without the consent of this plaintiff , and without ...
Page 36
... damage to a plaintiff , who has no other plain , adequate and complete remedy . It must forbid the doing of the act ( or omission ) that will ( if done or omitted ) cause the damage . It cannot forbid the use of defendant's pipes to ...
... damage to a plaintiff , who has no other plain , adequate and complete remedy . It must forbid the doing of the act ( or omission ) that will ( if done or omitted ) cause the damage . It cannot forbid the use of defendant's pipes to ...
Page 41
... damages , the ordinance value of the gas ; and it was clear that if the company would obey the ordinance the city would not trouble its pipes . Hence , in that case the issues were pre- cisely the same as those pending here , save only ...
... damages , the ordinance value of the gas ; and it was clear that if the company would obey the ordinance the city would not trouble its pipes . Hence , in that case the issues were pre- cisely the same as those pending here , save only ...
Page 51
... damages would furnish adequate relief in such case , it follows that it was en- titled to a decree of specific performance . This was awarded in the form of a mandatory injunction . The decree is guarded : It does not compel the company ...
... damages would furnish adequate relief in such case , it follows that it was en- titled to a decree of specific performance . This was awarded in the form of a mandatory injunction . The decree is guarded : It does not compel the company ...
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Common terms and phrases
34 Ohio St aforesaid alleged amended Ann Rafferty assessed authority averred Bank Behrens Benton capital stock certificates charge charter Cincinnati circuit court City of Hamilton City of Zanesville claim Cleveland Railway Company commissioners common pleas constitution construction contract corporation council county auditor court of common creditors damages debt declarations deed defendant in error Delaware county demurrer duty election evidence ex rel fact filed franchises Free Turnpike gas company Gas-Light granted Hamilton county held Highland county Hillsboro intention interest issue judgment jury Karshner Lake Shore land legislature liability ment mortgage municipal Ohio St ordinance owner pany parties Pennsylvania Company petition plaintiff in error preferred stock proceeding purchase purpose question quo warranto railroad company Railway Company rendered Revised Statutes road rule Seffner stockholders streets subscription taxation taxes testator thereof tion Union county
Popular passages
Page 231 - Each house shall be the judge of the election,, returns, and qualifications of its own members...
Page 28 - When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 314 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 144 - Haisten for and in consideration of the sum of one hundred and fifty dollars to him in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged hath granted bargained sold and conveyed and...
Page 228 - ... comes into the state, or while he is so absconded or concealed ; and if, after the cause of action accrues, he depart from the state, or abscond, or conceal himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought.
Page 82 - ... a power reserved to the legislature to alter, amend or repeal a charter authorizes it to make any alteration or amendment of a charter granted subject to it, which will not defeat or substantially impair the object of the grant, or any rights vested under it, and which the legislature may deem necessary to secure either that object or any public right.
Page 522 - Laws shall be passed taxing by a uniform rule all moneys, credits, investments in bonds, stocks, joint stock companies or otherwise; and also all real and personal property according to its true value in money.
Page 31 - Rights of property which have been created by the common law cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law as they are developed, and to adapt it to the changes of time and circumstances.
Page 516 - The general assembly shall provide, by law, for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects, or dues of every description (without deduction) of all banks, now existing or hereaft created, and of all bankers, so that all property employed in banking shall always bear a burden of taxation equal to that imposed on the property of individuals.
Page 30 - A person has no property, no vested interest in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process, but the law itself as a rule of conduct may be changed at the will or even at the whim of the legislature, unless prevented by constitutional limitations.