 ... public interest or individual rights call for its exercise — the language used, though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given, not for their...  The Law Journal Reports - Page 6201879Full view - About this book
 | United States. Supreme Court - 1867 - 732 pages
...rel. ». The Governor, 5 Ohio State, 53 ; Coy t;. The City Council of Lyons, 17 Iowa, 1. Syllabus. language used, though permissive in form, is in fact...invoke its aid, and who would otherwise be remediless. lu all such cases it is held that the intent of the legislature, which is the test, was not to devolve... | |
 | Edward Wilberforce - 1881 - 494 pages
...individual rights call for its exercise, the language used, though permissive in form, is in effect peremptory. What they are empowered to do for a third...invoke its aid, and who would otherwise be remediless. In all such cases it is held that the intent of the Legislature, which is the test, was not to devolve... | |
 | 1917 - 1226 pages
...person, the law requires sliiill be done. The power is k'iven, not for their benefit, but for his. * * * It is given as a remedy to those entitled to invoke its aid." See, also, Hayes v. County of Los Angeles, 99 Cal. 74, 33 Pac. 7CG. But the provision of the Constitution... | |
 | 1889 - 1298 pages
...do for a third person, the law requires shall be done. The power is given not for their benefit but his. It is placed with the depositary to meet the...invoke its aid and who would otherwise be remediless." This case is quoted with approval by the Court of Appeals in the case of People ex rel. the Otsego... | |
 | United States. Department of Justice - 1891 - 808 pages
...THE SECRETARY OF THE TREASURY. 577 Exchange of Gold Bars for Gold Coln. law requires shall be doue. The power is given, not for their benefit, but for...invoke its aid, and who would otherwise be remediless. "lu all such cases it is held that the intent of the legislature, which is the test, was not to devolve... | |
 | Jabez Gridley Sutherland - 1891 - 836 pages
...given, not for their benefit, but for his. It is placed with the depositary to meet the demands of light and to prevent a failure of justice. It is given as...invoke its aid, and who would otherwise be remediless. In all such cases it is held that the intent of the legislature, which is the test, was not to devolve... | |
 | 1902 - 832 pages
...summary of the authorities on the subject, Mr. Justice Swayne says : "The conclusion to be deduced from the authorities Is that where power Is given...invoke its aid, and who would otherwise be remediless. In all such cases it is held that the intent of the legislature, which is the test, was not to devolve... | |
 | Abraham Clark Freeman - 1893 - 1056 pages
...placed with the depositary to meet the demands of right, and to prevent a failure of justice. It ia given as a remedy to those entitled to invoke its aid, and who would otherwise be remediless": Supervisors v. United Slates, 4 Wall. 435, 446. Guided by these views, and applying them to the circumstances... | |
 | Marcus Tullius Hun - 1890 - 740 pages
...United States (4 Wall., 435), in which case Mr. Justice SWAYNE observed : " The conclusion to be deduced from the authorities is, that where power is given...invoke its aid, and who would otherwise be remediless." (See, also, The City of Galena v. Amy, 5 Wall., 705.) If the common council had exacted from the railroad... | |
 | Jeremiah Smith - 1898 - 284 pages
...the language of the act before us, l Skinner, 370. " 2 Salkeld, 609. 8 3 Hill, 614. < 9 Howard, 248. or in equivalent language — whenever the public...invoke its aid, and who would otherwise be remediless. In all such cases it is held that the intent of the legislature, which is the test, was not to devolve... | |
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