Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 47Robert Clark, 1891 |
From inside the book
Results 1-5 of 83
Page 2
... petition . That on the 4th day of June , 1849 , the Mayor , Common Council and Recorder of the then town ( now the defendant , the city ) of Zanesville , duly and legally passed an ordinance authorizing the plaintiff to oc- cupy and use ...
... petition . That on the 4th day of June , 1849 , the Mayor , Common Council and Recorder of the then town ( now the defendant , the city ) of Zanesville , duly and legally passed an ordinance authorizing the plaintiff to oc- cupy and use ...
Page 12
... petition discloses that the city offered to contract under the ordinance , at its prices , and that the company refused to so contract . The District Court , then , should have held that the company must obey the ordinance , no fraud ...
... petition discloses that the city offered to contract under the ordinance , at its prices , and that the company refused to so contract . The District Court , then , should have held that the company must obey the ordinance , no fraud ...
Page 13
... petition does not even in remote terms ask such relief ; and to so de- cide , the court not only granted what was not prayed for , but must have held that the company is not governed by the or- dinance . The company claims it is not so ...
... petition does not even in remote terms ask such relief ; and to so de- cide , the court not only granted what was not prayed for , but must have held that the company is not governed by the or- dinance . The company claims it is not so ...
Page 24
... petition does not state that the defendant holds any actual , or vir- tual , monopoly . It is simply a manufacturing corporation , whose power to sell ( as a corporation ) . was and is limited to the territory of Zanesville . The ...
... petition does not state that the defendant holds any actual , or vir- tual , monopoly . It is simply a manufacturing corporation , whose power to sell ( as a corporation ) . was and is limited to the territory of Zanesville . The ...
Page 35
... petition as charges a refusal to furnish gas such as , under section 2482 Revised Statutes , is punishable by for- feiture of corporate franchise . 2. The decree pleaded in bar is a complete defense to any and every action by the city ...
... petition as charges a refusal to furnish gas such as , under section 2482 Revised Statutes , is punishable by for- feiture of corporate franchise . 2. The decree pleaded in bar is a complete defense to any and every action by the city ...
Contents
306 | |
315 | |
318 | |
323 | |
358 | |
387 | |
423 | |
431 | |
130 | |
167 | |
191 | |
207 | |
225 | |
234 | |
250 | |
262 | |
437 | |
493 | |
501 | |
544 | |
551 | |
555 | |
566 | |
575 | |
Other editions - View all
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.