 | David P. Currie - 1994 - 682 pages
...the same effect in Hudson County Water Co. v. McCarter, 209 US 349, 357 (1908): "One whose rights ... are subject to state restriction, cannot remove them...power of the State by making a contract about them." This statement was quite unnecessary to the decision, since the contract in question had been made... | |
 | Ronald H. Rosenberg - 1997 - 430 pages
...23. Nor can existing contracts between private individuals preclude exercise of the police power. " One whose rights, such as they are, are subject to...power of the State by making a contract about them." Hudson County Water Co. v. McCarter, 209 US 349, 357; Knoxvillc Water Co. v. Knoxville, 189 US 434,... | |
 | Jan Laitos - 1998 - 1317 pages
...state. The rule about contracts and the police power is that (1) property rights cannot be removed from the power of the state by making a contract about them; (2) the police power cannot be bargained away in a contract by the state;15'2 (3) the obligation of... | |
 | Elke Gurlit - 2000 - 732 pages
...früher nicht gesehen, s. das Dictum von Holmes in Hudson Water Co. v. McCarter, 209 US 349 (357) (1908); „One whose rights, such as they are, are subject...carry with it the infirmity of the subject matter." als Rechtfertigung eines Eingriffs in öffentliche Verträge erlangt aber Relevanz, wenn Verstöße... | |
 | Richard Allen Epstein - 2000 - 430 pages
...private tort of defamation." As Hoimes rightly said, "[o|ne whuse rights, such as they are, are suhject to state restriction, cannot remove them from the power of the State hy making a contract ahout them. The contract will carry with it the infirmity of the suhject matter.'"0... | |
 | Albert P. Melone, Allan Karnes - 2008 - 724 pages
...making private contractual arrangements. . . . [As] summarized in Mr. Justice Holmes' wellknown dictum: "One whose rights, such as they are, are subject to...power of the State by making a contract about them" (quoting Hudson County Water Co. v. McCarter, 209 US 349, 357 (1908)). The power to regulate wages... | |
 | Paul Samuel Reinsch - 1911 - 488 pages
...is disposed of by what we have said. That under Article I, Section 10, needs but a few words more. One whose rights, such as they are, are subject to...carry with it the infirmity of the subject matter (Knoxville Water Company vs. Knoxville, 189 US 434, 438; Manigault vs. Springs, 199 US 473, 480). But... | |
 | 1919 - 1016 pages
...Hudson Water Co. v. McCarter, 209 US 349, 357 [28 Sup. Ct 529, 531 (52 L. Ed. 828)], it is said that: " 'One whose rights, such as they are, are subject to...The contract will carry with it the infirmity of the subject-matter.' "In L. & NRR Co. v. Mottley, 219 US 467, 482 [31 Sup. Ct. 265, 270 (55 L. Ed. 297,i... | |
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