Reports of Select Cases Argued and Determined in the Probate Court of Hamilton County, Ohio, from 1885 to 1890: Herman P. Goebel, Probate Judge (Google eBook)

Front Cover
William Henry Whittaker
Ohio, W. H. Anderson & Company, 1890 - Law reports, digests, etc - 365 pages
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Page 314 - 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 324 - In estimating the value of property taken for public use, it is the market value of the property which is to be considered. The market value of property is the price which it will bring when it is offered for sale by one who desires but is not obliged to sell it, and is bought by one who is under no necessity of having it.
Page 165 - All the rest, residue and remainder of my estate, I give, devise and bequeath to my Executors, William M. Kitzmiller and Philip Stroebele, absolutely for such disposition as they in their own free Judgment may deem proper»
Page 309 - In harmony with the general law of comity obtaining among the States composing the Union, the presumption should be indulged that a corporation of one State, not forbidden by the law of its being, may exercise within any other State the general powers conferred by its own charter...
Page 13 - Every mortgage filed in pursuance of this Act shall cease to be valid, as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless, within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, together with a statement...
Page 271 - ... way or ground, such company may appropriate so much of the same as may be necessary for the purposes of its road, in the manner and upon the same terms as is provided for the appropriation of the property of individuals...
Page 94 - ... and in all cases where property of an employer is placed in the hands of an assignee, receiver or trustee, claims due for labor performed within the period of three months prior to the time such assignee, receiver or trustee is appointed, shall be first paid out of the trust fund, in preference to all other claims against such employer, except claims for taxes and the costs of administering the trust.
Page 92 - ... of such portion he shall file with the recorder of the county where the labor was performed, an itemized statement verified by affidavit of the amount, kind and value of the labor performed within said period, with all credits and off-sets, and the amount then due him therefor, which verified statement...
Page 116 - Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war or other public exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money...
Page 11 - An unconstitutional law is void, and is as no law. An offense created by it is not a crime. A conviction under it is not merely erroneous, but is illegal and void, and cannot be a legal cause of imprisonment.

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