American Law and Procedure, Band 9

Cover
James Parker Hall, James De Witt Andrews
La Salle Extension University, 1910

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Ausgewählte Seiten

Inhalt

Same continued
12
CHAPTER II
14
Constitutional provisions
15
9
17
Rights of legislature distinguished from rights of creditors
18
Legislative apportionment of debt on division of public corporations
19
When creditors are injuriously affected
20
Possible basis of right to local selfgovernment
21
Prevailing view against the right
23
Cooleys opinion in Detroit cases
25
Comment on latter view
27
23 Legislative control of local matters of state importance
28
Trust property
29
Property held for local purposes
30
Property held for state purposes
31
Express Constitutional Provisions 27 Prohibition of special legislation
32
What is a special legislation? Object of prohibition
34
Permissible principles of classification
35
Classification according to population 35
36
Classification according to geographical conditions
38
Other methods of classification
39
Provisions requiring local choice of city officials
40
What are local officials
41
40
42
What are municipal affairs 37 Other constitutional provisions intended to secure municipal home rule CHAPTER III
44
The Liability of Public Corporations for Torts 38 Conflicting principles applicable to the problem
47
General nonliability of quasimunicipal corporations
49
Suggested theories of this
50
Exceptions to nonliability of quasimunicipal corporations
51
Acts of police officials
52
Acts of health officials
54
Fire officials
55
Further comment and illustration
57
Suspension of ordinances
58
Failure to enforce ordinances
59
Licensing a nuisance
60
Criticism of rule
61
Nonliability for school and tax officials
62
60
63
Effect of power to control officers
64
Distinction between city and country roads 55 Liability for negligent conduct of public work
65
Effect of deriving revenue therefrom
66
Negligence in management of municipal property
67
Effect of deriving revenue therefrom
68
Attempt to create more extended liability
69

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Seite 1 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Seite 151 - States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States...
Seite 84 - No political or municipal corporation in this State shall ever become indebted, in any manner or for any purpose, to an amount, in the aggregate exceeding two per centum on the value of the taxable property within such corporation, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness ; and all bonds or obligations, in excess of such amount, given by such corporation, shall be void...
Seite 159 - ... ineffectual. Such generally are regulations designed to secure order, system and dispatch in proceedings, and by a disregard of which the rights of parties interested cannot be injuriously affected.
Seite 277 - By the cession, public property passes from one government to the other, but private property remains as before, and with it those municipal laws which are designed to secure its peaceful use and enjoyment. As a matter of course, all laws, ordinances and regulations in conflict with the political character, institutions and constitution of the new government are at once displaced.
Seite 97 - But if a duty be a continuing one, which is defined by rules prescribed by the Government, and not by contract, which an individual is appointed by Government to perform, who enters on the duties appertaining to his station, without any contract defining them, if those duties continue, though the person be changed, it seems very difficult to distinguish such a charge or employment from an office, or the person who performs the duties from an officer.
Seite 286 - There is no common law of the United States, in the sense of a national customary law, distinct from the common law of England as adopted by the several States each for itself, applied as its local law, and subject to such alteration as may be provided by its own statutes.
Seite 203 - judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.
Seite 350 - ... to its rules concerning the holding, the transfer, liability to obligations, private or public, and the modes of establishing titles thereto. It cannot bring the person of a nonresident within its limits — its process goes not out beyond its borders — but it may determine the extent of his title to real estate within its limits ; and, for the purpose of such determination, may provide any reasonable methods of imparting notice.
Seite 97 - an employment," it does not follow that every employment is an office. A man may certainly be employed under a contract, express or implied, to do an act or perform a service without becoming an officer.

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