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" ... that its abandonment ought not to be presumed in a case in which the deliberate purpose of the State to abandon it does not appear. "
Reports of Cases Argued and Adjudged in the Supreme Court of the United States - Page 424
by United States. Supreme Court - 1837
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The North American Review, Volume 46

North American review and miscellaneous journal - 1838 - 728 pages
...whole community is interested in retaining it undimmished, that community has a right to insist that its abandonment ought not to be presumed, in a case...in relation to the contested power. The argument in favor of the proprietors of the Charles River Bridge, is the same, almost in words, with that used...
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The North American Review, Volume 46

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - American fiction - 1838 - 618 pages
...retaining it undimmished, that community has a right to insist that its abandonment ought not to lie presumed, in a case in which the deliberate purpose...in relation to the contested power. The argument in favor of the proprietors of the Charles River Bridge, is the same, almost in word#, with that used...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - Constitutional law - 1839 - 762 pages
...whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment ought not to be presumed, in a case...purpose of the state to abandon it does not appear^ The plaintiffs would give to this charter the same construction as if it contained a clause exempting the...
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The United States Democratic Review, Volume 7

United States - 1840 - 582 pages
...community is interested in maintaining it undiminished, that community has a right to insist, that its abandonment ought not to be presumed, in a case...purpose of the State to abandon it does not appear." Such was the language of Judge Marshall When it is recollected that an argument much relied upon in...
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The United States Magazine and Democratic Review, Volume 7

United States - 1840 - 574 pages
...community is interested in maintaining it undiminished, that community has a right to insist, that its abandonment ought not to be presumed, in a case...purpose of the State to abandon it does not appear." Such was the language of Judge Marshall When it is recollected that an argument much relied upon in...
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Southern Quarterly Review, Volume 16

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 556 pages
...whole community is interested in retaining it undiminislied, that community has a right to insist that its abandonment ought not to be presumed in a case...purpose of the State to abandon it does not appear.' " Adverting to the article of the constitution giving to congress the power to establish a uniform...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 5

Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - Law reports, digests, etc - 1850 - 596 pages
...whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment ought not to be presumed, in a case...purpose of the State to abandon it does not appear." In the case by the Stourbridge Canal against Wheeley, 2 Barn fy Adolph. 792, Lord Tenterden, when speaking...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 9

Georgia. Supreme Court - Equity - 1851 - 716 pages
...pass — the community have a right to insist^ in the language of this Court above quoted — " that its abandonment ought not to be presumed in a case, in which the deliberate purpose ofthe State to abandon it, does not appear." The continued existence of a government would be of no...
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The American Law Journal, Volume 1; Volume 8

Law - 1849 - 604 pages
...daily pass, the community have a right to insist, in the language of this Court above quoted, "that its abandonment ought not to be presumed in a case...purpose of the State to abandon it does not appear." * * • No one will question that the interests of the great body of the people of the State, would,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 118

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1900 - 804 pages
...citing the words of Mr. Chief Justice Marshall in Providence Bank v. Billings, 4 Pet. 514, 561, that "its abandonment ought not to be presumed in a case...purpose of the State to abandon it does not appear ;" citing, also, Charles River Bridge v. Warren Bridge, 11 Pet. 420; Minot v. Railroad Co., 18 Wall....
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