Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Volume 16
David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey
Mercantile Print. Company, 1899 - Law reports, digests, etc
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action affidavit alleged alternative writ amend amount appeal Argument for Defendant Argument for Plaintiff ascertain assessment assumpsit attachment authority Board of Canvass Castle County cause certificates of election certiorari Chapter Charge City of Wilmington claim Company Const Constitution contended Cooley corporation costs Court of Oyer criminal damages debt declaration Delaware duty Election District entitled evidence execution facts fieri facias filed garnishee Harring Houst indictment injuries inspectors issue Judges judgment jurisdiction Justice Kent County Legislature levy liable license Lore ment negligence nonsuit notice objection officer Opinion ordinance Oyer and Terminer party payment Peace Pepper person petition plea pleading proceedings proved question reason recover respondents rule scire facias Section service of process sewer Sheriff statute streets suit Superior Court Sussex County taxation Term testator thereof tion trial verdict votes West Dover Hundred witness writ of mandamus
Page 61 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 91 - It is sufficient to observe here, that by 'due process' is meant one which, following the forms of law, is appropriate to the case, and just to the parties to be affected. It must be pursued in the ordinary mode prescribed by the law ; it must be adapted to the end to be attained ; and wherever it is necessary for the protection of the parties, it must give them an opportunity to be heard respecting the justice of the judgment sought.
Page 175 - A communication made bona fide upon any subject matter in which the party communicating has an interest or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contained criminating matter which, without this privilege, would be slanderous and actionable...
Page 54 - But debts owing by corporations, like debts owing by individuals, are not property of the debtors in any sense ; they are obligations of the debtors, and only possess value in the hands of the creditors. With them they are property, and in their hands they may be taxed. To call debts property of the debtors is simply to misuse terms.
Page 197 - And it appears in our books that, in many cases, the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void, for when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such Act to be void.
Page 92 - ... or persons or occupations. In such cases the Legislature in authorizing the tax fixes its amount, and that is the end of the matter. If the tax be not paid the property of the delinquent may be sold, and he be thus deprived of his property. Yet there can be no question that the proceeding is due process of law, as there is no inquiry into the weight of evidence, or other element of a judicial nature, and nothing could be changed by hearing the taxpayer. No right of his is therefore invaded.
Page 265 - 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 accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved...
Page 353 - If a dog has once bit a man, and the owner having notice thereof keeps the dog, and lets him go about or lie at his door, an action will lie against him at the suit of a person who is bit, though it happened by such person's treading on the dog's toes; for it was owing to his not hanging the dog on the first notice. And the safety of the king's subjects ought not afterwards to be endangered.
Page 52 - It is in virtue of the State's jurisdiction over the property of the nonresident situated within its limits that its tribunals can inquire into that non-resident's obligations to its own citizens, and the inquiry can then be carried only to the extent necessary to control the disposition of the property. If the non-resident have no property in the State, there is nothing upon which the tribunals can adjudicate.
Page 263 - The object of inspection laws is to improve the quality of articles produced by the labor of a country ; to fit them for exportation, or, it may be, for domestic use. They act upon the subject before it becomes an article of foreign commerce, or of commerce among the states, and prepare it for that purpose.