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" Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only. "
Laws of Illinois Relating to Railroads and Warehouses, with Appendix ... - Page 15
by Illinois - 1877 - 157 pages
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History of Roman Private Law ...

Edwin Charles Clark - Jurisprudence - 1914 - 384 pages
...opinion is quoted by Holland from Lord Holt, in Hargrave's Law Tracts, to the effect that whenever private property is affected with a public interest it ceases to be juris privati. The quotation, so far as I can identify it, seems only to refer to Ports. It is in Part 2, ch. 8, p....
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Biennial Report of the Railroad Commission of Wisconsin

Railroad Commission of Wisconsin - Railroads - 1907 - 978 pages
...Companies, 35 Wis., 425. In Munn vs. Illinois, 94 US 113, 126, the United States Supreme Court held that when private property is affected with a public interest it ceases to be juris privati only, and that property becomes clothed with a public interest, when used in such manner as to make it of public...
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Proceedings of the Oregon Bar Association at Its ..., Volume 14, Parts 1904-1906

Oregon Bar Association - Bar associations - 1907 - 164 pages
...Legislative Relief and Judicial Action Thereon. More than two hundred years ago Lord Chief Justice Hale said that when private property "is affected with a public interest, it ceases to be juris privati only." Under this rule from time immemorial it has been customary in England and in this country since its...
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The American Review of Reviews, Volume 46

Albert Shaw - American literature - 1912 - 1130 pages
...right of the state to regulate various activities of its citizens had been assumed, and went on to say that, "when private property is 'affected with a public interest it ceases to be juris privati only.' Property does become clothed with a public interest when used hi a manner to make it of public consequence,...
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Proceedings of the Nebraska State Bar Association, Volume 2

Nebraska State Bar Association - Bar associations - 1909 - 280 pages
...important rule of property. More than two centuries ago, Lord Chief Justice Hale declared that when property "is affected with a public interest, it ceases to be juris privati only." And from that time to this, the principle thus stated has been accepted as a settled rule of property,...
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A Treatise on Franchises: Especially Those of Public Service Corporations ...

Joseph Asbury Joyce - Corporation law - 1909 - 1272 pages
...qualification quasi-public. * * * Where property belonging to a natural person or to a corporation becomes 'affected with a public interest, it ceases to be juris privati only.' Where a party devotes his property to a public use, the community at large acquires such a qualified...
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The Principles of the Law of Public Corporations

Charles Burke Elliott - Corporation law - 1910 - 532 pages
...the use and not the corporation which is of a public nature. And it is an old principle of the law that, when ' ' private property is affected with a public interest, it ceases to be juris privati only;"9 or, as stated in a modern decision, when a person devotes his property "to a use in which the...
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Report

Iowa. Treasury Dept - Finance, Public - 1910 - 626 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 private only. ' This was said by Lord Chief Justice Hale more than two hundred years ago, in his treatise...
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The Relation of Legal Education to Governmental Problems: An Address Before ...

George Woodward Wickersham - 1910 - 32 pages
...warehouse case (Munn v. Illinois, 94 US, 113, 125) pointed out that at common law when private property was "affected with a public interest it ceases to be juris pri-vati only." This, as he states, was said by I,ord Chief Justice Hale, more than two hundred years ago, in his treatise...
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Water Rights in the Western States: The Law of Prior Appropriation ..., Volume 2

Samuel Charles Wiel - Riparian rights - 1911 - 1112 pages
...reasonable rate," or, as it is put in the cases, "Prompt, equitable, and gracious distribution";2 or "Though this be private property, yet the principle laid down...arbitrary and excessive duties, but the duties must be reasonable."3 The distributor "must serve all with equal facilities and without discrimination."4 It...
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