| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1881 - 752 pages
...alter, amend or repeal the corporate franchises was sustained, it was at the same time declared that "no amendment or alteration of the charter can take...under a legitimate exercise of the powers granted." The same doctrine is clearly asserted and affirmed in Railroad Company v. Maine 96 U. 8. 499, and is... | |
| Massachusetts. Supreme Judicial Court - 1864 - 698 pages
...are allowable to t«"st a legal principle — the rule to be extracted is this ; that where, under power in a charter, rights have been acquired and...under a legitimate exercise of the powers granted. It appears to us, in the present case, that after the government, acting in behalf of the public, and... | |
| North Carolina. Supreme Court - 1877 - 644 pages
...escheat, or how otherwise ? In that case the rule suggested as the most reasonable was this ; that where under a power in a charter rights have been...under a legitimate exercise of the powers granted. Commonwealth v. Essex Company, 13 Gray, 239 ; Crease v. Babcock, 23 Pick. 334 No such question, however,... | |
| 1880 - 554 pages
...alter, amend or repeal the corporate franchises was sustained, it was at the same time declared that "no amendment or alteration of the charter can take...under a legitimate exercise of the powers granted." The game doctrine is clearly asserted and affirmed in Railroad Co. v. Maine, 96 U. 8. 499, and is assumed... | |
| 1884 - 500 pages
...in popular favor toward those who own it. Chief-Justice Shaw said, in one case, that, " Where, under power in a charter, rights have been acquired and...under a legitimate exercise of the powers granted." * He did not profess to decide the case then before him on this principle, though he held an amendment... | |
| United States. Supreme Court - 1873 - 740 pages
...maintained that, " when under power in a charter rights have been acquired and become vested, no amendment of the charter can take away the property or rights which have become vested under the legitimate exercise of the powers granted." See also Dwfee v. Old Colony Railroad^ and Roxbury... | |
| Wisconsin. Railroad Commissioners' Department - 1875 - 856 pages
...cases are allowable to test a legal principle — the rule to be extracted is this : that where, under power in a charter, rights have been acquired and...under a legitimate exercise of the powers granted." In the case of Holyoke Co. rs. Lyman, 15 Wallace, 500, the principles above announced by Chief Justice... | |
| Wisconsin - 1876 - 1184 pages
...have some limit, though it is difficult to define it. Perhaps the true rule is this: That where under power in a charter, rights have been acquired and...under a legitimate exercise of the powers granted." In Commissioners, &c., vs. Holyoke, &c., 104 Mass., p. 451, it is held that the law does not reserve... | |
| United States. Congress. Senate - 1876 - 898 pages
...1'rinciple — the rule to be extracted is this : that when, under power in a charter, rights bive been acquired and become vested, no amendment or alteration...under a legitimate exercise of the powers granted. The Supreme Court of the United States also comments on this reserved power in the case of Miller rs.... | |
| Orlando Bump - 1878 - 474 pages
...the charter contains a reservation of the right to alter or amend it, yet no amendment or alteration can take away the property or rights which have become...under a legitimate exercise of the powers granted by the charter. Comm. v. Essex Co. 79 Mass. 239. Where there is a reservation of the right to alter... | |
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