Where a party pays an illegal demand with a full knowledge of all the facts which render such demand illegal, without an immediate and urgent necessity therefor, or unless to release his person or property from detention, or to prevent an immediate seizure... Commentaries on the Law of Municipal Corporations - Page 1148by John Forrest Dillon - 1890 - 1516 pagesFull view - About this book
| Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1917 - 788 pages
...the Supreme Court of the United States approves the following statement of the common law doctrine: "Where a party pays an illegal demand with a full...his person or property, such payment must be deemed voluntary, and cannot be recovered back. And the fact that the party at the time of making the payment,... | |
| Law - 1883 - 540 pages
...to recover back taxes which the company had paid, declared it to be a rule of the common law, that "where a party pays an illegal demand with a full knowledge of all the facts which renders such demand illegal, without immediate and urgent necessity therefor, or unless to release... | |
| United States. Congress. House. Committee on Agriculture - 1938 - 122 pages
...from Wabaunsee County v. Walker, 8 Kansas 431, is a correct statement of the rule of the common law. "Where a party pays an illegal demand with a full...his person or property, such payment must be deemed voluntary and cannot be recovered back." Little v. Bowers, 134 US 547 ; TI. S. v. New York and Cuba... | |
| United States. Supreme Court - Law reports, digests, etc - 1885 - 1142 pages
...adopted by the courts of that State, which is thus stated in Wabaun»ee Co. v. Walker, 8 Kan., 431 : " Where a party pays an illegal demand with a full knowledge...necessity therefor, or unless to release his person or properly from detention.or to prevent an immediate seizure of his person or property, such payment... | |
| Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - Law reports, digests, etc - 1892 - 916 pages
...governing in such cases is stated in the case of Wabaunsee Co. v. Walker, 8 Kas. 431, 436, as follows: " Where a party pays an illegal demand with a full knowledge...property, such payment must be deemed to be voluntary, and cannot be recovered back. And the fact that the party at the time of making the payment files a written... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1897 - 832 pages
...United States adopts this rule as it ts stated by the Supreme Court of Kansas : "When a party pays au illegal demand with a full knowledge of all the facts...immediate seizure of his person or property, such payment omit b3 deeinel voluntary, and cannot ba recovered back.- And the fact that the party at the tima of... | |
| Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - Law reports, digests, etc - 1912 - 1010 pages
...stated in the opinion in the case of Wabaunsee Co. v. Walker, 8 Kan. 431, in the following language : "Where a party pays an illegal demand with a full...from detention, or to prevent an immediate seizure of the same, such payment must be deemed to be voluntary, and can not be recovered back ; and the fact... | |
| Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - Law reports, digests, etc - 1902 - 1010 pages
...doctrine applicable to such cases was declared by this court in Wabaunsee Co. v. Walker, 8 Kan. 431 : "Where a party pays an illegal demand with a full...without an immediate and urgent necessity therefor, unless to release his person or property from detention, or to prevent an immediate seizure of the... | |
| Law - 1883 - 536 pages
...taxes which the company had paid, declared it to be a rule of the common law that " where a Number 23, party pays an illegal demand with a full knowledge...the facts which render such demand illegal, without immediate and urgent necessity therefor, or unless to release his person or property from detention... | |
| United States. Supreme Court - Law reports, digests, etc - 1901 - 1086 pages
...431: "Where a party pays an illegal demand with a fr" knowledge of all the facts which render *544] such demand »illegal, without an immediate and urgent...therefor, or unless to release his person or property from detentlon. or to prevent an immediate seizure of his P*rson or property, such payment must be deem4'... | |
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