Atlantic Reporter, Volume 4

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West Publishing Company, 1886

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Palavras e frases frequentes

Passagens conhecidas

Página 117 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation upon the common -law, further than the case absolutely required.
Página 550 - The statute declares that every building within its operation "shall be subject to a lien for the payment of all debts contracted for work done or materials furnished for or about the erection or construction of the same.
Página 613 - Property shall be assessed for taxes under general laws, and by uniform rules, according to its true value.
Página 811 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full, and true exposition of all the circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk.
Página 645 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Página 584 - ... some more limited portion of the community, and those laws provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice, with such notice to the person, or such...
Página 8 - Whether the defendant was guilty of negligence or not was for the jury to determine from all the facts and circumstances in evidence.
Página 264 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.
Página 286 - ... but, in the view we have taken of the case, it is not necessary to decide that question at the present time.
Página 619 - The first answer to this is that the judicial cannot prescribe to the legislative departments of the government limitations upon the exercise of its acknowledged powers. The power to tax may be exercised oppressively upon persons, but the responsibility of the legislature is not to the courts, but to the people by whom its members are elected.

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