 ... a kind of notice by which it is reasonably probable that the party proceeded against will be apprised of what is going on against him, and an opportunity is afforded him to defend, I am of opinion that the courts have not the power to pronounce the...  Pacific States Reports: Extra Annotated - Page 4451912Full view - About this book
 | 1859 - 616 pages
...be a violation of the constitution, and be void ; but where the Legislature has prescribed a kind of notice by which it is reasonably probable that the...to defend, I am of opinion that the courts have not Case of the Empire City B»nk. the power to pronounce the proceeding illegal. The Legislature has uniformly... | |
 | Thomas McIntyre Cooley - 1868 - 776 pages
...violation of the constitution, and void ; but when the legislature has provided a kind of notice bv which it is reasonably probable that the party proceeded...that the courts have not the power to pronounce the proceedings illegal." Denio, J., in Matter of Empire City Bank, 18 NY 200. See also, per Morgan, J.,... | |
 | Thomas McIntyre Cooley - 1871 - 846 pages
...would be a violation of the constitution, and void ; but when the legislature has provided a kind of notice by which it is reasonably probable that the...that the courts have not the power to pronounce the proceedings illegal." Denio, J., in Matter of Empire City Bank, 18 NY 200. See also, per Morgan, J.,... | |
 | Thomas McIntyre Cooley - 1874 - 904 pages
...would be a violation of the constitution, and void ; but when the legislature has provided a kind of notice by which it is reasonably probable that the...that the courts have not the power to pronounce the proceedings illegal." Denio, J., in Matter of Empire City Bank, 18 NY 200. See, also, per Morgan, J.,... | |
 | Thomas McIntyre Cooley - 1874 - 914 pages
...would be a violation of the constitution, and void ; but when the legislature has provided a kind of notice by which it is reasonably probable that the...going on against him, and an opportunity is afforded h!m«to defend, I am of opinion that the courts have not the power to pronounce the proceedings illegal."... | |
 | Nathan Howard (Jr.) - 1872 - 646 pages
...notice to the party whose property is in question. It is sufficient if a Kind of notice ia provided by which it is reasonably probable that the party proceeded against will be apprised of whiit ix going on, and an opportunity offered him to defend. The opportunity to defend must not be... | |
 | United States. Supreme Court - 1878 - 858 pages
...notice to the party whose property is in question. It is sufficient if a kind of notice is provided by which it is reasonably probable that the party...of what is going on against him, and an opportunity afforded him to defend." The same language is used in Westervelt v. Gregg, 12 id. 202, and in Campbell... | |
 | Florida. Supreme Court - 1884 - 1116 pages
...would be a violation of the Constitution, and void ; yet where the Legislature has prescribed a kind of notice by which it is reasonably probable that the...him, and an opportunity is afforded him to defend, the courts should not pronounce the proceeding illegal. Matter of Empire City Bank, 18 NY, 200, 215.... | |
 | 1910 - 1190 pages
...Is not required to constitute due process of law, and that the Legislature may prescribe "a kind of notice by which it Is reasonably probable that the...will be apprised of what is going on against him." In that case the notice was by advertisement in a newspaper. To the same effect is Hunt v. Hunt, 72... | |
 | Sir Fortunatus Dwarris - 1885 - 698 pages
...the case we have discussed, the legislature has afforded a kind of notice, the best suggested, and by which it is reasonably probable, that the party...will be apprised of what is going on against him, and opportunity is afforded him to defend, o In a variety of other cases, known as proceedings in rem,... | |
| |
