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" ... that the public was to be benefited thereby, I should not hesitate to declare that such an abuse of the right of eminent domain was an infringement of the spirit of the constitution; and therefore not within the general powers delegated by the people... "
Report of the Attorney-general in Answer to a Resolution of the Assembly, in ... - Página 12
de New York (State). Attorney General's Office - 1845 - 16 páginas
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - 1848 - 976 páginas
...foundation for a pretence that the public was to be benefited thereby. I should not hesitate to declare such an abuse of the right of eminent domain was an...powers delegated by the people to the legislature." § 140. While the learned chancellor denied to the legislative power the right thus to take private...
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A Treatise on the Law of Watercourses: With an Appendix, Containing Statutes ...

Joseph Kinnicut Angell - 1854 - 683 páginas
...benefited thereby, such an abuse of the right of eminent domain is an infringement of the letter as well as of the spirit of the Constitution ; and, therefore,...the general powers delegated by the people to the legislature.1 By the fifth article of the Constitution of the United States (and a similar article...
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A Treatise on the Rules which Govern the Interpretation and Application of ...

Theodore Sedgwick - 1857 - 712 páginas
...foundation for a pretense that the public was to be benefited thereby, I should not hesitate to declare such an abuse of the right of eminent domain was an...powers delegated by the people to the legislature." In a recent case in New York, Mr. Justice Barculo reviewed the whole subject, and came to the conclusion,...
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A Treatise on the Rules which Govern the Interpretation and Construction of ...

Theodore Sedgwick - 1874 - 692 páginas
...foundation for a pretence that the public was to be benefited thereby, I should not hesitate to declare such an abuse of the right of eminent domain was an...powers delegated by the people to the Legislature." In a recent case in New York, Mr. Justice Barculo reviewed the whole subject, and came to the conclusion,...
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Commentaries on the Laws of England: In Four Books, Volume 1

William Blackstone, George Sharswood - 1875
...transfer it to another, where there was no foundation for a pretence that the public was to be benefited thereby, I should not hesitate to declare that such...powers delegated by the people to the legislature." — Ch. Wahvorth, 5 Paige, 137. — SHARSWOOD. "The writ of habeas corpus at common law, although a...
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Harvard Law Review, Volume 27

1914
...transfer it to another, where there was no foundation for a pretense that the public was to be benefited thereby, I should not hesitate to declare that such...thus to take private property for the mere purpose of transmitting it to another, I admit that the two branches of the legislature, subject only to the qualified...
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Readings on the Relation of Government to Property and Industry

1915 - 664 páginas
...transfer it to another, where there was no foundation for a pretense that the public was to be benefited thereby, I should not hesitate to declare that such...thus to take private property for the mere purpose of transmitting it to another, I admit that the two branches of the legislature, subject only to the qualified...
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Commentaries on the Laws of England: In Four Books, Livros 1-2

Sir William Blackstone - 1922
...transfer it to another, where there was no foundation for a pretence that the public was to be benefited thereby, I should not hesitate to declare that such...powers delegated by the people to the legislature." — Ch. Walworth, 5 Paige, 137. — SHARSWOOD. That the words ' ' law of the land " and " due process...
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The Law of Watercourses

Joseph K. Angell - 2000 - 424 páginas
...benefited thereby, such an abuse of the right of eminent domain is an infringement of the letter as well as of the spirit of the Constitution ; and, therefore,...powers delegated by the people to the legislature. 1 By the fifth article of the Constitution of the United States (and a similar article nmy be found...
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American Law Magazine, Volume 1

1849
...transfer it to another, where there was no foundation for a pretence that the public was to be benefited thereby, I should not hesitate to declare, that such...powers delegated by the people to the legislature." Even in Massachusetts, where the constitution expressly confers on the legislature full power and authority,...
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