| Thomas Erskine Holland - 1886 - 402 pages
...not be used in aemulalionem vicini. Ersk. Inst. ii. 1. 2. ' By 1 2 Car. II. o. 34. On the principle that when private property is affected with a public interest it ceases to be iuri* prirati, see Lord Holt, De portibus mans, 1 Harg. Law Tracts ; and on the recent application... | |
| Illinois State Bar Association - 1887 - 414 pages
...rests, in order that we may determine what is within and without its operative effect. Looking then, to the common law, from whence came the right which the...Constitution protects, we find that when private property is 'effected with a public interest, it ceases to be juris pr.vati only.' This was said by Lord Chief... | |
| John Innes Clark Hare - 1888 - 764 pages
...prohibitions against interference with private property.1 1 " Looking," said Waite, C.-J., "to the common law, whence came the right which the Constitution protects,...'affected with a public interest, it ceases to be juris prieati only.' This was said by Lord Chief-Justice Hale, more than two hundred years ago, in his treatise... | |
| Georgia Bar Association - 1908 - 308 pages
...country. It is not a pioneer case as to the principle laid down. More than 200 years ago Lord Hale said, when private property is "affected with a public interest, it ceases to be juris privati only," and this statement of Lord Hale's has ever since been accepted as setting forth an essential element... | |
| 1907 - 1210 pages
...pleases upon his own property, or upon the use of it, or may refuse to dispose of it at any price. But when private property is affected with a public interest it ceases to be juris privati only. Property does become clothed with a public interest when used in a manner to make it of public consequence... | |
| Thomas Erskine Holland - 1888 - 448 pages
...not be used f» aemulationem vicini. Krsk. Just. ii. 1. 2. ' By 12 Car. II. c. 34. On the principle that when private property is affected with a public interest it ceases to be iuruprivati, see Lord Holt, De portibus maris, 1 Harg. Law Tracts; and on the recent application of... | |
| John Innes Clark Hare - 1889 - 762 pages
...against interference with private property.1 1 " Looking," said Waite, C.-J., " to the common law, whence came the right which the Constitution protects,...is ' affected with a public interest, it ceases to he juris priuati only.' This was said by Lord Chief-Justice Hale, more than two hundred years ago,... | |
| Abraham Clark Freeman - 1890 - 1052 pages
...recognized and followed the doctrine that when private property is devoted to a public use and becomes affected with a public interest, it ceases to be juris privati only, and is subject to public regulation. The court there said: " Property does become clothed with a public... | |
| Charles Fisk Beach (Jr.) - 1891 - 832 pages
...extortion and an abuse of his position, the price he may charge for his services may be regulated by law.2 When private property is "affected with a public interest...This was said by Lord Chief Justice Hale more than three hundred years ago in his treatise De Portibus Maris* and has been accepted without objection... | |
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