The Law of Municipal Corporations, Volume 2 |
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Page 537
... question is put at rest , and that as to one of the most important of these trusts and as to its trustees , by the opinion of the Supreme Court of the United States in Girard . Philadelphia , 7 Wallace , 14. ' It cannot admit of a doubt ...
... question is put at rest , and that as to one of the most important of these trusts and as to its trustees , by the opinion of the Supreme Court of the United States in Girard . Philadelphia , 7 Wallace , 14. ' It cannot admit of a doubt ...
Page 543
... question for a court of law [ in an action of eject- ment ] to decide . " Per Curiam , in Jackson v . Hartwell , 8 Johns . 422 , 1811 . Legislature or chancery may , in proper cases , appoint trustees . Bryant v . McCandless , 7 Ohio ...
... question for a court of law [ in an action of eject- ment ] to decide . " Per Curiam , in Jackson v . Hartwell , 8 Johns . 422 , 1811 . Legislature or chancery may , in proper cases , appoint trustees . Bryant v . McCandless , 7 Ohio ...
Page 544
... question which can only be determined in a proceeding instituted at the instance of the State . If there is capacity to purchase , the deed to the corporation divests the estate of the grantor , and there is a complete sale , and ...
... question which can only be determined in a proceeding instituted at the instance of the State . If there is capacity to purchase , the deed to the corporation divests the estate of the grantor , and there is a complete sale , and ...
Page 546
... Questions of this kind are influenced much by local legislation . ' On prin- was , that while the condition on which the corporation held the lot was not broken , they had full dominion over it , and might use it as they saw fit ...
... Questions of this kind are influenced much by local legislation . ' On prin- was , that while the condition on which the corporation held the lot was not broken , they had full dominion over it , and might use it as they saw fit ...
Page 559
... question , said , that although he felt no disposition to question the soundness of these views , yet that it seemed to him that the case stood stronger upon the first mem- ber of the clause , No person shall be deprived of life ...
... question , said , that although he felt no disposition to question the soundness of these views , yet that it seemed to him that the case stood stronger upon the first mem- ber of the clause , No person shall be deprived of life ...
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Common terms and phrases
action adjoining Allen Ante appeal applied assessment authority Baltimore benefit Boston bridge building caused chap charter Chicago cited collect Commissioners common Commonwealth compel compensation conferred Conn considered constitution construction council County court damages decided dedication directed duty easement effect equity exercise express give given grant Gray ground held highway hold improvements individual injury interest Iowa judgment Justice land legislative legislature levy liable limits Louis Maine mandamus Mass Mayor mode municipal corporation nature necessary neglect objects officers Ohio St opinion owner party perform person Post principle private property proceedings proper provision question Railroad Company railway reason referred relator remedy repair respect road rule statute streets supra Supreme Court taken taxation tion town trust United unless Wall Wend writ York
Popular passages
Page 716 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments, and in contracting debt by such municipal corporations.
Page 702 - It is a principle universally declared and admitted that municipal corporations can levy no taxes, general or special, upon the inhabitants or their property, unless the power be plainly and unmistakably conferred.
Page 699 - Provision shall be made by general law for the organization of cities, towns, and villages; and their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, shall be so restricted as to prevent the abuse of such power.
Page 583 - The right of trial by jury shall remain inviolate; but the General Assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.
Page 675 - But it is not every obstruction, irrespective of its character or purpose, that is illegal, even although not sanctioned by any express legislative or municipal authority. On the contrary, the right of the public to the free and unobstructed use of a street or way is subject to reasonable and necessary limitations.
Page 634 - Municipal corporations, as we have seen, have in some respects a double character — one public, the other (by way of distinction) private. As respects property not held for public use or upon public trusts, and, as respects contracts and rights of a private nature. there is no reason why such corporations should not fall within limitation statutes, and be affected by them.
Page 589 - ... repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money, and in all other cases where private property shall be taken for public use, a compensation therefor shall first be made in money, or first secured by a deposit of money, and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.
Page 820 - Act ; and in case the borough fund shall be more than sufficient for the purposes aforesaid the surplus thereof shall be applied under the direction of the council, for the public benefit of the inhabitants and improvement of the borough...
Page 635 - The author cannot assent to the doctrine that, as respects public rights, municipal corporations are impliedly within ordinary limitation statutes. It is unsafe to recognize such a principle. But there is no danger in recognizing the principle of an estoppel in pais as applicable to...
Page 712 - We admit the proposition of the counsel, that the revenue must be municipal in its nature to entitle it to the exemption claimed. Thus, if an individual should make the city of Baltimore his agent and trustee to receive funds, and to distribute them in aid of science, literature, or the fine arts, or even for the relief of the destitute and infirm, it is quite possible that such revenues would be subject to taxation. The corporation would therein depart from its municipal character, and assume the...