 | 1908 - 1346 páginas
...prevailing. Thus it is said in Lewis on Eminent Domain, § 15S: ''All the courts we believe concur in holding that whether a particular use is public or not within...the Constitution is a question for the judiciary." If, therefore, the General Assembly should undertake to enact a statute giving to a private corporation,... | |
 | 1899 - 1140 páginas
...Call v. Town of Wilkesboro, 115 X. a 337, 20 SE 408. "All the courts, we believe. concur in holding that whether a particular use is public or not, within...the constitution, is a question for the judiciary." Ijt-wis, Em. Dom. § 158; Cooley, Tax'n. 110, 120; Clee v. Sanders. 74 Mich. 692, 42 NW 154. But the... | |
 | 1899 - 852 páginas
...expropriation sought to be made is in the public interest, whether that particular use is a public one or not, within the meaning of the Constitution, is a question for the judiciary. It is not affected by the fact, however, that the use of the benefit is local or limited, or, in other... | |
 | Abraham Clark Freeman - 1907 - 1142 páginas
...Law, 2d ed., 1066; Call v. Town of Wilkesboro, 115 XC 337, 20 SE 468, in which Shepherd, CJ, says: '' Whether a particular use is public or not, within...the constitution, is a question for the judiciary": Citing Lewis on Eminent Domain, 185; Mills on Eminent Domain, 10, 11. The distinction is this—whether... | |
 | 1907 - 932 páginas
...judiciary." 10 Am. & Eng. Enc. 1066; Call v. Wilkesboro. 115 NC 337, 20 SE 468, in which Shepherd, CJ, says: "Whether a particular use is public or not. within...the Constitution, is a question for the judiciary" — citing Lewis on Em. Dom. 185 ; Mills on Em. Dom. 10. 11. The distinction is this, whether a use... | |
 | Abraham Clark Freeman - 1907 - 1150 páginas
...ed., 1066; CaU v. Town of Wilkesboro, 115 NC 337, 20 SE 468, in which Shepherd, CJ, says: "Whether • particular use is public or not, within the meaning...the constitution, is a question for the judiciary": Citing Lewis on Eminent Domain, 185; Mills on Eminent Domain, 10, 11. The distinction is this — whether... | |
 | 1909 - 860 páginas
...this court, in Tracy v. EL & BSR Co., 80 Ky. 259, following the general current of opinion, declared that whether a particular use is public or not, within...the Constitution, is a question for the judiciary. Of the correctness of this proposition we entertain no doubt. The courts have the undisputed right... | |
 | Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1912 - 794 páginas
...these drastic regulations justified by a public use. "All the courts, we believe, concur in holding that whether a particular use is public or not, within...the constitution, is a question for the judiciary." Wis. W. Co. v. Winans, 85 Wis. 26, 40, 54 NW 1003, citing Lewis, Eminent Domain, § 158; Tolbot v.... | |
 | 1916 - 1204 páginas
...court say: "The taking of private property in the legal establishment of harbor lines is prima facie a taking for public use. The Legislature so considered...for that purpose, must be exercised in good faith nnd for a public use naturally connected with their establishment. Private property cannot be taken... | |
 | Fred P. Caldwell - 1916 - 1250 páginas
...Brewer, 72 SW 9, 24 R. 1671; City of Oakdale v. Sanders' Extx., 155 Ky. 352, 159 SW 812. PUBLIC USE.— Whether a particular use is public or not, within...the Constitution, is a question for the judiciary. Chesapeake Stone Co. v. Moreland, 126 Ky. 656, 104 SW 762, 31 R. 1075, 16 LRA (NS) 479. The fact that... | |
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All the courts, we believe, concur in holding that whether a particular use is public or not, within the meaning of the constitution, is a question for the judiciary. 
