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abutting action alleged allowed amendment amount appeal apply assessment authority benefit bill bonds cause charge charter circuit city council claim common complainant condition consideration considered constitution construction contract Corp cost court damages Dawson debt decision defect defendant determine direct duty effect election error evidence exercise existence expense fact filed further given granted ground held imposed improvement incurred injury intended interest issue judgment jury land legislature levied liability license limits maintain matter Mayor meaning ment municipal corporation necessary negligence notice officers operate opinion ordinance owner paid parties passed payment person petition plaintiff present proceedings proper question railroad reason received reference rule sidewalk statute street sufficient suit Supreme Court sustained taxation thereof tion town waterworks
629 페이지 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
602 페이지 - Generally, it is for the legislature to determine what laws and regulations are needed to protect the public health and secure the public comfort and safety, and while its measures are calculated, intended, convenient and appropriate to accomplish these ends, the exercise of its discretion is not subject to review by the courts.
472 페이지 - Persons who not only have an interest in the controversy, but an interest of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience.
126 페이지 - ... said party .of the first part and the parties of the second part...
63 페이지 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
568 페이지 - Whenever the illegality appears, whether the evidence comes from one side or the other, the disclosure is fatal to the case. No consent of the defendant can neutralize its effect A stipulation in the most solemn form to waive the objection, would be tainted with the vice of the original contract, and void for the same reasons.
2 페이지 - Union, shall have the right to construct, maintain, and operate lines of telegraph through and over any pertion of the public domain of the United States, over and along any of the military or post roads of the United States...
600 페이지 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the Constitution.