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action of trespass actual alleged allowed amount assessed assumpsit Barb benefits breach of contract cause Chicago claim common law compensation Conn consideration constitution convey conveyance costs covenant of seizin decision deed defendant defendant's difference dower easement ejectment eminent domain entitled to recover equity eviction evidence expenses Flureau fraud given grantee grantor held improvements incumbrance injury interest judgment jury land taken lease lessee liable Lord loss market value Mass measure of damages ment mesne profits Metropolitan Board Minn nominal damages nuisance opinion owner paid party person plaintiff possession premises principle purchase-money purchaser question quiet enjoyment railroad real estate real property reason recoupment recover damages recovery rent rule of damages set-off Smith sold special damage statute street suit Supreme Court sustained taking tenant Thornhill tion tort trespass vendee vendor verdict warranty Wend Yale Lock Mfg York
Page 379 - Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State.
Page 388 - ... in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested...
Page 249 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 361 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 160 - These contracts are merely upon condition, frequently expressed, but always implied, that the vendor has a good title. If he has not, the return of the deposit, with interest and costs, is all that can be expected.
Page 380 - ... the owner, irrespective of any benefit from any improvement proposed by such corporation...
Page 383 - Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may be prescribed by law; and until the same shall be paid to the owner, or into court for the owner, the property shall not be disturbed or the proprietary rights of the owner therein divested.
Page 379 - ... private property shall not be taken or applied for public use, unless just compensation be first made therefor ; nor shall private property be taken for private use, or for the use of corporations, other than municipal, without the consent of the owner ; Provided, however...