The Yale Law Journal, Volumen32Yale Law Journal Company, 1923 |
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Términos y frases comunes
31 YALE LAW action agreement Amendment American applied authority Bank Bracton breach Calif carrier Code Commission common law Conflict of Laws constitutional contract corporation court of equity covenant damages decision defendant discretion doctrine duty effect employees enforced English English law equity evidence existence fact federal HARV held Ibid instant interest Interstate Commerce Interstate Commerce Commission judges judicial jurisdiction jury Justice labor land legislative liability lien limited matter ment mortgage N. Y. Supp negligence operation opinion owner parties person plaintiff principle privilege privity procedure purpose question railroad Railroad Labor Board railway rates reason refused relation remedy result Rolls Series rule seems seisin statute of frauds supra note Supreme Court theory tion trust Union United writ YALE LAW JOURNAL
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Página 364 - the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses. The
Página 468 - the felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which Judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.
Página 71 - When one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use.
Página 358 - "All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. And judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment
Página 571 - A word is not a crystal, transparent and unchanged, it is the skin of a living thought, and may vary greatly in color and content according to the circumstances and the time in which it is used.
Página 589 - about mortgages, about the assignment of choses in action, and so forth, and it ended with these words: 'Generally in all matters not hereinbefore particularly mentioned, in which there is any conflict or variance between the rules of equity and the rules of common law with reference to the same matter, the rules of equity shall prevail.
Página 243 - abandon all or any portion of a line of railroad, or the operation thereof, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity permit of such abandonment. "The
Página 589 - common law with reference to the same matter, the rules of equity shall prevail.' "Now it may well seem to you that those are very important words, for perhaps you may have fancied that at all manner of points there was a conflict between the rules of equity and the rules of common law,
Página 31 - Cornfield v. United States, 167 US 518, 42 L. Ed. 260, 17 Sup. Ct. Rep. 864. It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Página 13 - The United States would not come to an end if we lost our power to declare an Act of Congress void. ... I do think the Union would be imperilled if we could not make that declaration as to the laws of the several States.