The Northeastern Reporter, Volume 133
Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio.
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action affirmed agreement alleged amended amount answer appellant appellee application assessment authority bill bonds building cause charge Chicago claim compensation complaint condition considered Constitution contract corporation counsel court crossing damages death decree deed defendant determined direct district duty effect election entered error evidence exceptions facts filed finding follows further give given held injury instructions insured interest issue Judge judgment jury Key-Numbered land levy limitation Mass means ment motion necessary negligence notice objection operation opinion owner paid parties payment performance person plaintiff present proceeding purchase question railroad real estate reason received record reference relator result reversed road rule securities specific statement statute street sufficient suit sustained tion trial trust witness York
Halaman 471 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Halaman 466 - At the same time the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Halaman 471 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Halaman 458 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative, in a doubtful case.
Halaman 340 - ... provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same.
Halaman 346 - In all cases is to the natural signification of the words employed in the order and grammatical arrangement in which the framers of the Instrument have placed them. If thus regarded, the words embody a definite meaning, which Involves no absurdity and no contradiction between different parts of the same writing ; then that meaning apparent upon the face of the instrument is the one which alone" we are at liberty to say was Intended to be conveyed.
Halaman 367 - ... an administration directed so exclusively against a particular class of persons as to warrant and require the conclusion that whatever may have been the intent of the ordinances as adopted, they are applied by the public authorities, charged with their administration, and thus representing the State itself, with a mind so unequal and oppressive as to amount to a practical denial by the State of that equal protection of the laws which is secured to the petitioners, as to all other persons, by...
Halaman 320 - Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever.
Halaman 447 - After the time for the payment of the claim specified in the notice to the depositor has elapsed, an advertisement of the sale, describing the goods to be sold, and stating the name of the owner or person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper published in the place where such sale is to be held.
Halaman 7 - ... no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto...