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" ... of delay and where the action of the civil authority would be too late in providing the means which the occasion calls for. It is impossible to define the particular circumstances of danger or necessity in which this power may be lawfully exercised.... "
Cases on Martial Law - Página 88
1910 - 342 páginas
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 343

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1952 - 1030 páginas
...Fessenden, Cowan, Grimes, id., at 510, 512, 516, 520. 579 VINSON, CJ, dissenting. and it is clear that the emergency must be shown to exist before the taking can be justified. Such a justification may be shown, and when shown the rule is well settled that the officer taking...
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The North American Review, Volume 163

1896 - 818 páginas
...necessity in which this power may be lawfully exercised. Every case must depend on its own circumstances. It is the emergency that gives the right, and the...upon this necessity, however, the state of the facts, aa they appeared to the officer at the time he acted, must govern the decision ; for he must necessarily...
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The North American Review, Volume 163

1896 - 780 páginas
...seen, laid down the rule much more favorably to the person using the power. It is worth repeating: " In deciding upon this necessity, however, the state...the time he acted must govern the decision for he mast necessarily act upon the information of others as well as his own observations. And if, with such...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 13

United States. Supreme Court - 1852 - 668 páginas
...necessity in which this power may be lawfully exercised. Every case must depend on its own circumstances. It is the emergency that gives the right, and the...shown to exist before the taking can be justified. Mitchell u. Harmony. In deciding upon this necessity, however, the state of the facts, as they appeared...
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Reports from the Court of Claims Submitted to the House of ..., Volume 1

United States. Court of Claims - 1857 - 728 páginas
...necessity in which this power may be lawfully exercised. Every case must depend on its own circumstances. It is the emergency that gives the right, and the...shown to exist before the taking can be justified." (Mitchell vs. Harmony, 13 How., 134.) We have no doubt. from the history of the time, (which it is...
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Reports of Committees: 30th Congress, 1st Session - 48th Congress ..., Volume 1

United States. Congress. Senate - 1857 - 998 páginas
...necessity in which this power may be lawfully exercised. Every case must depend on its own circumstances. It is the emergency that gives the right, and the...shown to exist before the taking can be justified." (Mitchell vs. Harmony, 13 How., 134.) The case, therefore, seems to be clear. It is within the principle,...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 44

Illinois. Supreme Court - 1869 - 632 páginas
...authority would be too late in providing the means which the occasion calls for. It is the emergency which gives the right, and the emergency must be shown to exist before the taking can be justified." Opinion of the Court. The court held the plaintiff entitled to recover. The case of Smith v. Shaw,...
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Cases Decided in the United States Court of Claims ... with ..., Volume 125

United States. Court of Claims, Audrey Bernhardt - 1958 - 1004 páginas
...necessity in which this power may be lawfully exercised. Every case must depend on its own circumstances. It is the emergency that gives the right, and the...facts, as they appeared to the officer at the time 125 C. CIs. Opinion of the Court he acted, must govern the decision ; for he must necessarily act upon...
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Cases Decided in the United States Court of Claims ... with ..., Volumes 110-120

United States. Court of Claims, Audrey Bernhardt - 1952 - 932 páginas
...Cvart which this power may be lawfully exercised. Every case must depend on its own circumstances. It is the emergency that gives the right, and the...shown to exist before the taking can be justified. The Chief Justice's statement in Mitchell v. Harmony, supra, was essentially dictum because the action...
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Cases Decided in the United States Court of Claims ... with ..., Volume 123

United States. Court of Claims, Audrey Bernhardt - 1958 - 1044 páginas
...it is the emergency, as was said by a great magistrate, that gives the right, and it is clear that the emergency must be shown to exist before the taking can be justified. Such a justification may be shown, and when shown the rule Is well settled that the officer taking...
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