The American and English Encyclopedia of Law, Volume 6John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1888 |
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action of ejectment admissible adverse possession alleged Annot authority ballots bank Barb candidate canvass certificate charged City claim clerk Code common law Cong Congress Conn Constitution contest conviction corporation court court of equity damages deceased defendant due process duress duty dying declarations easement effects election electors eminent domain evidence fact fraud fraudulent held illegal Iowa Jackson judgment jury land landlord larceny legislature mandamus Mass ment mesne profits Minn mortgage North Carolina notice offence officers Ohio St owner paid party payment person Phila plaintiff possession precinct premises proof prosecution question quo warranto R. R. Cas received recover recovery refused returns rule servant Stat statute statutory sufficient tenant Tenn testator tion United vote voters Wend words writ
Popular passages
Page 56 - condemns, which proceeds upon inquiry and renders judgment only after trial.' so ' that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society;' and thus excluding, as not due process of law, acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments, and acts directly
Page 53 - and modes of proceeding existing in the common and statute law of England, before the emigration of our ancestors, and which are shown not to have been unsuited to their civil and political condition by having been acted on by them after the settlement of this country.
Page 112 - is a general rule, that dying declarations, though made with a full consciousness of approaching death, are only admissible in evidence where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations. Per Abbott, CJ,.
Page 323 - the papers opened by the president of the Senate, in the presence of the two Houses, to prove that other persons than those regularly certified to by the governor of the State of Florida, in and according to the determination and declaration of
Page 49 - in each particular case, such an exertion of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as these maxims prescribe for the class of cases to which the one in question belongs. 2
Page 56 - any legal proceeding enforced by public authority, whether sanctioned by age and custom or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law.
Page 52 - If this were so, acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments, and acts directly transferring one man's estate to another, legislative judgments, decrees and forfeitures in all possible forms, would be the law of the land. Such a strange construction would render constitutional provisions of the highest importance completely inoperative and void.
Page 58 - and mill-dam upon and across any stream not navigable, paying to the owners of lands flowed damages assessed in a judicial proceeding, does not deprive them of their property " without due process of law " within the meaning of the Fourteenth Amendment.
Page 111 - The general principle on which this species of evidence is admitted is. that they are declarations made in extremity, when the party is at the point of death, and when every hope in this world is gone ; when every motive to falsehood is
Page 321 - be the duty of the executive of each State to cause three lists of the names of the electors of such State to be made and certified, and to be delivered to the electors, on or before the day on which they are required to meet.