Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volume 6William Mark McKinney, Burdett Alberto Rich Edward Thompson Company, 1915 - Law |
Common terms and phrases
9 Ann action agreement amendment applied authority Bank Chicago citizens Colo common law Conn consideration constitutional provision contempt corporation County courts Crim criminal declared determine due process duty effect enacted enforce equal protection ex post facto exercise existing fact federal constitution fourteenth amendment granted guaranty held illegal imposed infra intention invalid judicial jurisdiction jury legislative legislature liability liberty limited Mass ment Minn municipal officers Ohio St Okla pari delicto party person police power principle privileges proceedings process of law prohibition public policy punishment Q. R. Co question reasonable regulations remedy restraint of trade rule statute supra Tenn tion trial U. S. L unconstitutional Union United Utah valid vested right violation void Wall Wash Western Union
Popular passages
Page 225 - 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. 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 186 - The police of a State, in a comprehensive sense, embraces its whole system of internal regulation, by which the State seeks, not only to preserve the public order, and to prevent offenses against the State, but also to establish for the intercourse of citizens with citizens those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own so far as is reasonably consistent with a like enjoyment of rights...
Page 425 - It may impose different specific taxes upon different trades and professions, and may vary the rates of excise upon various products; it may tax real estate and personal property in a different manner; it may tax visible property only, and not tax securities for payment of money; it may allow deductions for indebtedness, or not allow them. All such regulations, and those of like character, so long as they proceed within reasonable limits and general usage, are within the discretion of the state legislature,...
Page 138 - But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.
Page 787 - Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either; it can only be oppressive ; and, if oppressive, it is in the eye of the law unreasonable.
Page 424 - Amendment, that no state shall deny to any person within its jurisdiction the equal protection of the laws, was not intended to prevent a state from adjusting its system of taxation in all proper and reasonable ways. It may, if it chooses, exempt certain classes of property from any taxation at all, such as churches, libraries, and the property of charitable institutions. It may impose different specific taxes upon different trades nnd professions, and may vary the rates of excise upon various products.
Page 797 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 839 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 224 - The nature and extent of the qualifications required must depend primarily upon the judgment of the state as to their necessity. If they are appropriate to the calling or profession, and attainable by reasonable study or application, no objection to their validity can be raised because of their stringency or difficulty.
Page 567 - ... and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses in his behalf.