Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State of New Jersey, 3. köide
Hough & Gillespy, Printers, 1868
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agreed agreement alleged allowed amount answer appears assignment authority bank benefit bill cause Chancellor charge charter claim complainant condition consideration considered construction contract convey conveyance corporation costs court creditors dated death debt decree deed defendant denied directed dollars easement effect entitled equity established evidence executed executors fact filed fraud front give given grant ground held hold hundred husband injunction intended interest John Johnson lands legislature March matter means mortgage necessary notice object opinion owner paid parties payment possession present principle proof provision purchase question railroad reason received record relief road rule says settled share Smith sold statute street sufficient suit taken thousand tion trust wharf whole wife witnesses York
Page 502 - Court shall inspect the will and see whether it appears to be signed by the testator, or by some other person in his presence and by his direction...
Page 503 - ... declared to be his last will in the presence of two witnesses present at the same time, who shall subscribe their names thereto as witnesses in the presence of the testator.
Page 64 - Individuals or private corporations shall not be authorized to take private property for public use, without just compensation first made to the owners.
Page 547 - That it shall not be lawful, at any time during the said railroad charter, to construct any other railroad or railroads in this State, without the consent of the said companies, which shall be intended or used for the transportation of passengers or merchandise between the cities of New York and Philadelphia, or to compete in business with the railroad authorized by the act to which this supplement is relative, etc.
Page 523 - LC), and applying that principle to the facts of the present case, it seems to me that...
Page 65 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Page 469 - ... a deed absolute on its face may be shown by parol to have been intended as a security.
Page 522 - if the public interest can be, in any way, promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient ... to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose...
Page 68 - ... some other reason, can be better managed and improved by some joint operation, such as the power of regulating the building of party walls ; making and maintaining partition fences and ditches; constructing ditches and sewers for the draining of uplands or marshes, which can more advantageously be drained by a common sewer or ditch.