Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volume 87E.W. Stephens Publishing Company, 1906 |
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Common terms and phrases
39 South 40 South action affidavit Affirmed agent appellant's appellee assessment attorney attorney-general authority Bidwell bill board of control board of supervisors bond Brief for appellant chancery court charged circuit court claim Code complainant constitution contract contributory negligence convicts corporation counsel damages deceased decree deed defendant delivered the opinion demurrer depot Dissenting opinion district duty eminent domain Ency error evidence execution fact farms favor filed governor guilty Illinois Central Railroad injury instruction issue Judge judgment jurisdiction jury killed land lease legislature liability mandamus McLaurin ment Miss Mississippi owner parties passenger penitentiary person plaintiff privilege tax proper prosecution purchaser question Railroad Co railroad company reason refused res adjudicata reversed rule shot Statement statute suit supreme court Tate county testified testimony tion train trial trust verdict void Warren county witness
Popular passages
Page 180 - Congress did not use terms of permission to the state to act, but simply removed an impediment to the enforcement of the state laws in respect to imported packages in their original condition, created by the absence of a specific utterance on its part. It imparted no power to the state not then possessed, but allowed imported property to fall at once upon arrival within the local jurisdiction.
Page 118 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 58 - To the objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has, indeed, fixed the construction. It is a contemporary interpretation of the most forcible nature, This practical exposition is too strong and obstinate to be shaken or controlled. Of course the question is at rest, and ought not now to be disturbed.
Page 318 - Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
Page 51 - The protection against unwise or oppressive legislation, within constitutional bounds, is by an appeal to the justice and patriotism of the representatives of the people. If this fail, the people in their sovereign capacity can correct the evil; but courts cannot assume their rights.
Page 47 - The moment a court ventures to substitute its own judgment for that of the legislature, in any case where the constitution has vested the legislature with power over the subject, that moment it...
Page 784 - ... redemption shall have been given to the mortgagor or some person claiming his estate or to the agent of such mortgagor or person...
Page 233 - California recognizes the familiar rule of law that where one of two innocent persons must suffer, the loss should be borne by him whose acts made the loss possible.
Page 657 - It is part of the consideration of this contract, and it is agreed that the said Express Company are forwarders only, and are not to be held liable or responsible for any loss or damage to said property while being conveyed by the carriers to whom the same may be by said Express Company intrusted...
Page 416 - If any bill shall not be returned by the governor within five days (Sundays excepted...