American Law and Procedure, Volumen9

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

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Same continued
12
CHAPTER II
14
Constitutional provisions
15
Charter of public corporation not a contract
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
Legislative control of local matters of state importance
28
Trust property
29
SECTION 2
32
Classification according to geographical conditions
38
CHAPTER III
47
General nonliability of quasimunicipal corporations
49
Acts of health officials
54
Nonliability for failure to enact ordinances
59
Nonliability for school and tax officials
62
Attempt to create more extended liability
69
Comment and criticism
70
Failure to provide adequate public works
71
Affirmative damage caused by defective public works
72
Term of Office and Vacancies
73
Liability of public corporations in tort for ultra vires acts
74
Illustrations of nonliability
76
Illustrations of liability
77
CHAPTER IV
79
For specific purposes
80
For general purposes
81
Implied power to issue negotiable bonds when expressly authorized to borrow money
82
Constitutional restrictions on power to incur indebtedness
84
Same continued
85
Reci tals
86
Public records
87
Right to recover from a public corporation in quasicontract
88
PUBLIC OFFICERS Introduction 1 Administrative law
90
Ordinary treatment of subject
92
CHAPTER I
93
Distinguished from an employment
94
Created by law
96
Duties
97
When qualifications must exist
98
Civil service requirements
102
22
108
Nominating petitions
114
Appointment includes selection
120
Beginning of term
126
CHAPTER III
133
57
139
CHAPTER VI
189
115 Inapplicability of contractual principles
192
117 Accrued pay
193
118 Payment to de facto officers
194
119 Reimbursement
195
120 Military and naval pensions
196
SECTION 2
197
123
198
124 Statutory relief
199
Suits between states
201
128 Civil liability of judges
202
129 Civil liability of heads of departments
204
132 Liability for acts of subordinates
205
133 Liability on official bonds
206
EXTRAORDINARY REMEDIES 1 Relation of subject to administrative law
207
SECTION 1
208
Not used to control discretion
210
Absence of other adequate legal remedy necessary
211
Not to try title to office
213
Mandamus to municipal corporations
215
Parties to whom the writ is granted
217
SECTION 2
218
20
225
SECTION 4
232
Paramount over all other writs
239
Release on bail
245
When granted in lieu of mandamus
247
Distinguished from habeas corpus
251
CHAPTER I
258
17
269
Accession by discovery
275
30
281
Possible differences of judicial opinion regarding state com
286
Rational solution of difficulty
292
Status of domicile is common to all persons
296
CHAPTER III
304
139
313
cascos cos
314
Marital Property Rights
319
CHAPTER V
326
SECTION 3
329
90
333
in general
337
104 Domicile of defendant may supply court for suit
343
111 Courts of situs have jurisdiction of foreign claims to prop
349
117 Domestic attachment of nonresidents property necessary
355
124 Divorce courts of domicile retained by wronged spouse
362
Appendix B Public Officers
370
Extraordinary Remedies
375
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Página 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.
Página 2 - Among the most important are immortality, and, if the expression may be allowed, individuality; properties by which a perpetual succession of many persons are considered as the same, and may act as a single individual.
Página 119 - 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...
Página 59 - 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...
Página 127 - ... 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.
Página 237 - ... sovereign. 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.
Página 246 - 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.
Página 169 - 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.
Página 304 - ... 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.
Página 69 - 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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