Commentaries on the Law of Municipal Corporations, Volume 4 (Google eBook)

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Little, Brown,, 1911 - Corporation law - 3802 pages
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Contents

Equal and Uniform Taxation Mississippi
2381
Exercise of the Delegated Authority by Popular Representatives 2391
2391
Same Subject Special Powers construed
2401
The Objects of Taxation
2406
Extent of Power to tax
2407
1389 Power of Taxation Situs of Property
2408
1390 1391 Locus of Property Taxation of Vessels 24162418
2416
Taxation of Street Railway Companies Gas and Water Com panies
2418
Taxation of Property of Banks Railway Property
2421
Municipal Taxation of Agricultural Lands
2424
Same Subject Rule in Kentucky and Iowa
2427
Municipal Property not taxable
2431
Same Subject Kentucky Decisions
2434
Governmental Instrumentalities not taxable
2436
Taxation of State and Municipal Bonds
2437
Retrospective Taxation Omitted Property Undervaluation
2440
Statutes which exempt Persons or Property from Taxation strictly construed
2443
Prescribed Mode must be pursued
2450
Statutory Limitations of Tax Rate
2453
General Revenue Laws and Special Charter Provisions Con strued
2457
Charter Power held to refer to General Law
2458
Road Taxes and Compulsory Street Labor Polltaxes
2459
Taxing and Police Powers distinguished Scope of Power to license Occupations
2461
Taxation of Vocations Fourteenth Amendment as to Equal Protection of the Laws
2465
Taxation of Vocations Constitutional Provisions
2468
Taxation of Occupations Construction of delegated Authority
2474
Taxation of Vocations
2476
Summary Collection may be authorized by the Legislature
2477
Mode of Collection of Taxes and Assessments
2478
Same Subject Specific Mode held exclusive
2481
frrwghti
2483
f4I8 14W Power OpseESpK Delinquent Taxes
2484
Iifenpf Taxes
2485
Sjujii Suiecfc JlMde of enforcing Lien
2487
l chapter xxviii
2490
Local Assessments for Local Improvements upon Persons and Property benefited
2492
Same Subject People v Brooklyn Davidson v New Orleans The Fourteenth Amendment
2499
Constitutional Requirements Uniformity and Equality Taxa tion in Proportion to Value
2501
Creation of Taxing Districts New Jersey
2505
Same Subject In New Jersey Change of Judicial Decision
2510
Front Foot Rule Validity under State Law
2524
Front Foot Assessments Rule in Pennsylvania Michigan Wis
2538
K 1466 1467 Same Subject Conditions Precedent to Abutters
2630
CHAPTER XXIX
2643
I486 Same Subject Right of Relator must be clear
2650
Distinction between Discretionary Powers and Imperative Duties
2656
Same Subject Mandamus to Federal Officers
2658
Same Subject Writ to Public Officers of a State
2659
1492 1493 Official Discretion not controllable by Mandamus 2660
2660
Instances illustrating Use and Application of the Writ
2662
Mandamus as respects Municipal Elections and Officers In England
2663
Same Subject In this Country
2664
To canvass Votes
2665
To take Municipal Office Whether compellable to serve
2666
To compel Admission to Office
2667
Respective Functions of Quo Warranto and Mandamus
2668
1502 1503 Maryland Rule Title to Office tried in Mandamus
2670
To enforce Delivery and Inspection of Books and Papers
2672
To enforce Duties towards Creditors
2673
Creditor sometimes required to recover Judgment before being entitled to a Mandamus
2675
Special Limitations on the Power to levy Taxes
2680
Judgment Creditor not entitled to Mandamus to enforce Collec tion of Tax under an abrogated Statute
2684
Where Creditor is entitled to have a Special Tax levied
2686
Right of Creditor as depending on Legislation at the Date of the Creation of the Debt
2688
Remedy of Bondholder is by Mandamus and not in Equity
2689
Remedy in Federal Court Prior Judgment required Course of Procedure
2690
Creditor entitled to enforce Full Exercise of Power
2691
Officers compelled if necessary to meet to levy the Required Tax
2693
Jurisdiction of Circuit Courts of the United States in Mandamus Prior Judgment required
2694
Enforcement of Judgments in the Federal Courts Boutwells Case Case of City of Watertown
2697
Boutwells Case not applicable to Corporate Duties No Abate ment by Death or Resignation
2700
Resignation to avoid Duty When ineffectual until Successor is qualified
2702
Distinction between Negotiable Bonds and Ordinary Warrants as to Enforcement
2703
Enforcement of Warrants or Orders in the Federal Courts
2704
Application for the Writ
2705
Official and Private Relators
2706
Demand and Refusal
2710
Formal Demand not always necessary
2711
Rule to show Cause Alternative Writ
2712
Form and Requisites of the Writ
2713
Writ how directed
2714
Direction of Writ English Cases
2715
American Rule
2716
Direction of Writ Distinction
2718
Attachment how obtained Practice
2724
Cumulative Statutory Remedies
2730
Usurpation of Franchises Distinction
2737
User by Defendant necessary
2743
Fraudulent Dispositions of Corporate Property and Funds
2756
Extent and Mode of Equitable Interference in this Country
2759
Suit by AttorneyGeneral of the State
2760
Same Subject Tweed Frauds in New York City
2762
General Conclusions stated
2783
Right of Taxpayer to enforce Affirmative Cause of Action of City
2785
Injunction in Municipal Tax Cases When granted Plaintiffs
2786
Same Subject When Injunction Granted When not
2788
Remedy by Certiorari At Common Law In this Country
2791
1592 1593 Scope of Certiorari in this Country 27922795
2792
What may be examined and reviewed
2797
When Certiorari does not he
2798
Remedy by Prohibition When Proper Remedy
2799
Remedy by Indictment In England
2800
Same Subject In this Country
2801
Neglect of Duty in Respect of Repair of Streets c
2802
Repair of Bridges Omission of Duty
2803
Concluding Observations
2804
CHAPTER XXXII
2807
General Liability ex Contractu Ultra Vires
2809
Ultra Vires as a Defence
2812
Statute may require Presentation or Demand before Suit
2813
Notice of Claim and Demand before Suit
2814
Legislative Restriction of Remedies against Municipalities 2821
2821
Implied Assumpsit
2823
Actions to recover back Illegal Taxes
2825
The Payment must not have been Voluntarily made but made upon Compulsion
2828
Compulsion defined
2830
1621 Voluntary Payment Mistake of Law
2831
Principle that Voluntary Payments without Mistake or Fraud are not recoverable back is a General One
2832
Same Subject Payment must be Compulsory
2835
Actions for Torts Mode of Treatment 2837
2837
Discretionary and Legislative Powers 2838
2838
Failure to enforce Bylaws
2840
Failure to abate Nuisances
2842
Failure to observe Bylaws
2843
Municipal WaterWorks Failure to supply Water
2845
Same Subject Legislative Power as to Remedy
2851
Statutory and Implied Liability of New England Towns
2858
Rule of Respondeat Superior as applied to Municipal Corpora
2867
Cases where Implied Corporate Liability exists for Wrongful
2874
Police Department Liablity of City for Acts of Police Officers 2883
2883
Park Department Liability of City for Negligence in Mainte
2890
Health Department Liability for Negligence and for Torts
2896
Basis of Implied Municipal Liability 2902
2902
Public Utilities Liability for Negligence in constructing
2909
Same Subject Impure Water in Free Public Well in Street
2915
Consequential Damages Grades and Change of Grades in Streets
2920
No Commonlaw Liability for Consequential Damages for Change of Grade
2921
Change of Grade Elevated Viaducts Bridge Approaches
2930
Same Subject No Right to Lateral Support of Soil
2932
Consequential Damages not a taking of Property Special Remedy
2934
Change of Grade Special Remedy exclusive
2935
Same Subject Remedy of Abutter by Injunction
2936
Same Subject Judgment of the Supreme Court of the United States
2937
1684 1685 Liability for Consequential Damages under Special Consti tutional Provisions Grades and Changes of Grade 29392941
2939
Same Subject Change of Grade for other than Street Purposes
2942
Liability for Defective Streets and Sidewalks
2944
Unsafe Streets Quasi Corporations
2950
Unsafe Streets Cities and Chartered Municipal Corporations
2951
Unsafe Streets Cases Classified
2954
Unsafe Highways and Streets Liability of New England Towns and Cities
2955
Same Subject Construction of the New England Statutes
2958
Same Subject Measure of Duty under New England Statutes
2959
Actionable Defects under the New England Statutes
2961
Same Subject Want of Railings or Barriers
2963
Same Subject Ice and Snow in Streets Slippery Sidewalks
2965
The Defect in Street must be the Proximate Cause of the Injury
2969
Liability for Injuries outside the travelled Highway Width to be kept in Repair Right to go extra viam
2972
Defective Streets User of Land as Street Estoppel
2975
Lighting Streets as connected with Defects therein
2976
Defects and Obstructions calculated to frighten Animals
2977
Exhibitions and Displays in Public Streets Licenses and Permits therefor
2979
Defective Sidewalks
2983
Unsafe Streets and Public Places Awnings and Falling Substances
2986
Negligence the Basis of Liability Runaway Horses
2989
Width to be kept in Repair
2990
Unsafe Streets Result as to Implied Liability summed up
2991
Implied Liability Basis of Municipal Responsibility Prior Writ ten Notice of Defect
2993
1710 Authors Comments on the Doctrine of Implied Liability
2996
Extent of the Liability
2997
Ground of the Liability Notice Contributory Negligence Dam ages
2999
Defective Streets Is the American Doctrine as to Implied Liabil ity sound?
3003
1714 1715 Same Subject Authors Comment 3007
3007
Same Subject Comments on Doctrine of Implied Liability as respects Different Classes of Corporations
3009
Where City is directly in Fault
3011
Notice essential to Liability when Corporation not in Fault
3013
Doctrine as to Notice and Contributory Negligence Bummarteed
3016
liability for Acts of Contractors
3025
Ultimate Liability
3031
Same Subject Omission to provide Drains
3040
S 1739 1740 Nonaction Defective Drains and Sewers 30473051
3047
Liable for Neglect of Ministerial Duties
3053
J 1745 1746 Result summed up as to Municipal Liability for Injuries
3059
Copyright

Common terms and phrases

Popular passages

Page 2351 - That all fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory or remaining therein for use, consumption, sale or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory...
Page 2388 - The General Assembly may vest the corporate authorities of cities, towns and villages, with power to make local improvements by special assessment or by special taxation of contiguous property, or otherwise. For all other corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be. uniform, in respect to persons and property. within the jurisdiction of the body imposing the same.
Page 2938 - But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be a taking within the meaning of the constitutional provision.
Page 2460 - That the mode of levying a tax shall be by valuation, so that every person shall pay a tax in proportion to the value of the property he or she has in his or her possession.
Page 2387 - The corporate authorities of counties, townships, school districts, cities, towns and villages may be vested with power to assess and collect taxes for corporate purposes...
Page 2500 - State or of some more limited portion of the community, and those laws provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice, with such notice to the person, or such proceeding in regard to the property, as is appropriate to the nature of the case, the judgment in such proceedings cannot be said to deprive the owner of his property without due process of law, however obnoxious it may be to other objections.
Page 2330 - Commerce with foreign countries, and among the States, strictly considered, consists in intercourse and traffic, including in these terms navigation, and the transportation and transit of persons and property, as well as the purchase, sale, and exchange of commodities.
Page 2835 - Where a party pays an illegal demand with a full knowledge of all the facts which render such demand illegal, without an immediate and urgent necessity therefor, or unless to release his person or property from detention, or to prevent an immediate seizure of his person or property, such payment must be deemed voluntary and cannot be recovered back. And the fact that the party at the time of making the payment files a written protest does not make the payment involuntary.
Page 2757 - Act, or otherwise by law, the surplus thereof shall be applied under the direction of the council for the public benefit of the inhabitants and improvement of the borough.
Page 2500 - That whenever, by the laws of a state or by state authority, a tax, assessment, servitude, or other burden is imposed upon property for the public use, whether it be for the whole state or of some more limited portion of the community...

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