Hawaiian Reports: Cases Decided in the Supreme Court of the Territory of Hawaii, Volume 17Honolulu Star-Bulletin, 1906 |
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Common terms and phrases
action adverse possession agreement alleged allowed amended appeal applicable appointment assessed assessor attorney authority bill of exceptions board of supervisors bond charge circuit court circuit judge claim common law contended contract conviction corporation counsel county act County of Kauai DECIDED decision decree deed defendant defendant's demurrer disqualified dredger entitled estoppel evidence execution fact filed foreclosure FREAR granted ground HARTWELL AND WILDER Hawaiian held imprisonment indictment indorsement James Love judgment jurisdiction justice Kahilina Kahula Kerr & Co land legislature matter ment Mika mortgage motion neuritis Oahu offense opinion Organic Act overruled parties payment Pearl Harbor person petition petitioner plaintiff premises proceedings prosecution provision question quo warranto reason referred refused Revised Laws rule sheriff statute sufficient supreme court sustained taxes Territory of Hawaii testimony tion trial trustee verdict void Withington witness
Popular passages
Page 576 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 333 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 189 - A municipal corporation proper is created mainly for the interest, advantage, and convenience of the locality and its people; a county organization is created almost exclusively with a view to the policy of the state at large...
Page 505 - Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
Page 185 - Ohio ; and all prosecutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments shall conclude against the peace and dignity of the same.
Page 116 - The obligation of anyone contracting with a corporation to take notice of the legal limits of its powers; the interest of the stockholders not to be subject to risks which they have never undertaken ; and, above all, the interest of the public that the corporation shall not transcend the powers conferred...
Page 255 - The test is not, whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense, .A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other.
Page 124 - This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged. It lies only for money which, ex aequo et bono, the defendant ought to refund...
Page 252 - Viet. c. 85 which enacted that, On the trial of any person for any of the offenses hereinbefore mentioned, or for any felony whatever, where the crime charged shall include an assault against the person, it shall be lawful for the jury to acquit of the felony, and to find a verdict of guilty of assault against the person indicted, if the evidence shall warrant such finding...
Page 657 - King's counsel, your fellows, and "your own, you shall keep secret: You shall present no man "for envy, hatred, or malice ; neither shall you leave any man "unpresented for fear, favour, or affection, or hope of reward ; "but you shall present all things truly as they come to your "knowledge, according to the best of your understanding : So "help you GOD.