 | Illinois. Supreme Court - Law reports, digests, etc - 1915 - 734 pages
...Looking, then, to the common law, from whence came the right which the constitution protects, we find that when private property is 'affected with a public interest...This was said by Lord Chief Justice Hale more than two hundred years ago in his treatise De Portibus Maris, ( 1 Harg. L. Tr. 78,) and has been accepted... | |
 | Literature - 1881 - 1008 pages
...declaration of independence. Regarding the power to regulate, Chief Justice Waite said : " We find that when private property is affected with a public interest...This was said by Lord Chief Justice Hale more than two hundred years ago in his treatise 'De Portibus Mans,' and has been accepted without objection as... | |
 | Law - 1881 - 638 pages
...shown, can be justified except under this theory. The ground upon which these decisions rested, was that when private property is affected •with a public interest, it ceases to be juris pricati only ; "that it becomes clothed with a public interest when used in a manner to make it of... | |
 | Law - 1877 - 558 pages
...But though this be private property, yet the principle laid down by Lord Hale attaches upon it, that when private property is affected with a public interest, it ceases to be juris jirivati only ; and in ease of its dedication to such a purpose as this, the owners cannot take arbitrary... | |
 | Illinois - 1877 - 182 pages
...Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is " affected with a public interest it ceases to be juris pricnti only." This was said by Lord Chief Justice Hale more than two hundred years ago, in his Treatise... | |
 | United States. Congress. House - United States - 1877 - 526 pages
...Looking, then, to common law, from whence eoir.e the rights which the Constitution protects f We find that when private property is affected with a public interest it ceases to be juris ¡irirati only. This was said by Lord Chief-Justice Hale more than two hundred years ago in his treatise... | |
 | Orlando Bump - Constitutional law - 1878 - 474 pages
...law. Under some circumstances it may, but not under all. Munn v. Illinois, 94 US 113; sc 69 lll. 80. When private property is affected with a public interest, it ceases to be juris privati only. Property becomes clothed with a public interest when used in a manner to make it of public consequence... | |
 | Joseph Doutre - Canada - 1880 - 426 pages
...Looking then to the common law, from whence came the right which the Constitution protects, we find that when private property is " affected with a public...This was said by Lord Chief Justice Hale more than two hundred years ago in his treatise De Portibus Marls (1 Harg. Law Tracts 78), and has been accepted... | |
 | Law reports, digests, etc - 1892 - 1912 pages
...then, to the common law, from whence came the right which the constitution protects, we find that, when private property is affected with a public interest,...This was said by Lord Chief Justice HALE more than two hundred years ago in his treatise De Portibns Maris, (\ Harg. Law Tracts, 78,) and has been accepted... | |
 | New York Chamber of Commerce - Commerce - 1880 - 524 pages
...cases. The opinion delivered by Chief Justice WAITE, March 1, 1877, states as follows : " We find that when private property is affected with a public interest...privati only. This was said by Lord Chief Justice HALK, more than two hundred years ago, in his treatise ' De Partibtts Maria,'' and has been accepted... | |
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Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. 
