Commentaries on the Law of Municipal Corporations, Volumen4

John Forrest Dillon

Little, Brown,, 1911 - 3802 páginas

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CHAPTER XXVII	2309

Page	2314

Elements of Public Use and of Apportionment	2315

Interstate Commerce Hawkers and Peddlers Drummers	2322

Same Subject General Principles	2330

State Taxes on Foreign Corporations	2352

Due Process of Law Right to Notice and Hearing	2358

Constitutional Restrictions Ohio Taxation by Uniform Rule	2376

American Rule	2716

Direction of Writ Distinction	2718

Service of the Writ	2719

Return By whom made and Requisites	2720

Peremptory Writ When issued How obeyed	2721

Form of Peremptory Writ	2722

When not issued When set aside	2723

Attachment how obtained Practice	2724

Constitutional Provisions as to Taxation Uniformity Fropor	2384

Constitutional Prohibition of Delegation to Special Commissions	2393

Same Subject Special Powers construed	2401

The Objects of Taxation	2406

Extent of Power to tax	2407

Power of Taxation Situs of Property	2408

1390 1391 Locus of Property Taxation of Vessels 24162418	2416

Taxation of Street Railway Companies Gas and Water Com panies	2418

Taxation of Property of Banks Railway Property	2421

Municipal Taxation of Agricultural Lands	2424

Same Subject Rule in Kentucky and Iowa	2427

Municipal Property not taxable	2431

Same Subject Kentucky Decisions	2434

Governmental Instrumentalities not taxable	2436

Taxation of State and Municipal Bonds	2437

Retrospective Taxation Omitted Property Undervaluation	2440

Statutes which exempt Persons or Property from Taxation strictly construed	2443

Prescribed Mode must be pursued	2450

Statutory Limitations of Tax Rate	2453

General Revenue Laws and Special Charter Provisions Con strued	2457

Charter Power held to refer to General Law	2458

Road Taxes and Compulsory Street Labor Polltaxes	2459

Taxing and Police Powers distinguished Scope of Power to license Occupations	2461

Taxation of Vocations Fourteenth Amendment as to Equal Protection of the Laws	2465

Taxation of Vocations Constitutional Provisions	2468

Taxation of Occupations Construction of delegated Authority	2474

Taxation of Vocations	2476

Summary Collection may be authorized by the Legislature	2477

Mode of Collection of Taxes and Assessments	2478

Same Subject Specific Mode held exclusive	2481

When Charter is Silent as to Mode of Collection Suit may be brought	2483

Delinquent Taxes	2484

Lien of Taxes	2485

Same Subject Mode of enforcing Lien	2487

CHAPTER XXVIII	2490

Local Assessments for Local Improvements upon Persons and Property benefited	2492

Same Subject People v Brooklyn Davidson v New Orleans The Fourteenth Amendment	2499

Constitutional Requirements Uniformity and Equality Taxa tion in Proportion to Value	2501

Creation of Taxing Districts New Jersey	2505

Front Foot Rule Fourteenth Amendment Norwood v Baker	2512

1437 Front Foot Rule Validity under State	2524

Front Foot Assessments Rule in Pennsylvania Michigan Wis	2538

Special and General Benefits to Property assessed	2553

Special and General Benefits Pennsylvania	2560

Exemption from Taxation does not include Local Assessments	2572

1447 Special and General Benefits Repaving	2578

Power to Improve Streets construed	2584

Special Assessments against Railways in Streets	2590

Estoppel by Silence and Acquiescence	2602

Sewers Construction by Special Assessment	2611

Same Subject Nonabutting Property	2618

Power to make Contract for Local Improvements	2626

Interest on Assessments	2634

CHAPTER XXIX	2643

1485 Mandamus not granted if the Ordinary Remedies are Adequate	2649

Distinction between Discretionary Powers and Imperative Duties	2656

Same Subject Mandamus to Federal Officers	2658

Same Subject Writ to Public Officers of a State	2659

1492 1493 Official Discretion not controllable by Mandamus 2660	2660

Instances illustrating Use and Application of the Writ	2662

Mandamus as respects Municipal Elections and Officers In England	2663

Same Subject In this Country	2664

To canvass Votes	2665

To take Municipal Office Whether compellable to serve	2666

To compel Admission to Office	2667

Respective Functions of Quo Warranto and Mandamus	2668

1502 1503 Maryland Rule Title to Office tried in Mandamus	2670

To restore to Municipal Office	2671

To enforce Delivery and Inspection of Books and Papers	2672

To enforce Duties towards Creditors	2673

Creditor sometimes required to recover Judgment before being entitled to a Mandamus	2675

Special Limitations on the Power to levy Taxes	2680

Judgment Creditor not entitled to Mandamus to enforce Collec tion of Tax under an abrogated Statute	2684

Where Creditor is entitled to have a Special Tax levied	2686

Right of Creditor as depending on Legislation at the Date of the Creation of the Debt	2688

Remedy of Bondholder is by Mandamus and not in Equity	2689

Remedy in Federal Court Prior Judgment required Course of Procedure	2690

Creditor entitled to enforce Full Exercise of Power	2691

Officers compelled if necessary to meet to levy the Required Tax	2693

Jurisdiction of Circuit Courts of the United States in Mandamus Prior Judgment required	2694

Enforcement of Judgments in the Federal Courts Boutwells Case Case of City of Watertown	2697

Boutwells Case not applicable to Corporate Duties No Abate ment by Death or Resignation	2700

Resignation to avoid Duty When ineffectual until Successor is qualified	2702

Distinction between Negotiable Bonds and Ordinary Warrants as to Enforcement	2703

Enforcement of Warrants or Orders in the Federal Courts	2704

Application for the Writ	2705

Official and Private Relators	2706

Demand and Refusal	2710

Formal Demand not always necessary	2711

Rule to show Cause Alternative Writ	2712

Form and Requisites of the Writ	2713

Writ how directed	2714

Direction of Writ English Cases	2715

CHAPTER XXX	2727

Same Subject	2728

Cumulative Statutory Remedies	2730

Proper Remedy to try the Title to Public or Municipal Offices	2731

Defendants Pleas or Answer	2733

In Cases where the Municipal Corporation does not legally exist Rex v Saunders	2734

Usurpation of Franchises Distinction	2737

No Forfeiture of Municipal Charter or Franchises	2738

Same Subject Must be instituted by AttorneyGeneral	2739

Discretion to grant How exercised	2740

Same Subject	2741

Same Subject Rules to guide Judicial Discretion	2742

User by Defendant necessary	2743

Effect of Judgment	2744

CHAPTER XXXI	2746

Usual Remedy is at Law not in Equity	2747

Jurisdiction in Equity of the Federal Courts over Municipal Authorities	2748

Remedies for Corporate Excess of Power	2751

Where Corporation is a Trustee of Property or Funds	2755

Fraudulent Dispositions of Corporate Property and Funds and Abuses of Powers relating thereto	2756

Extent and Mode of Equitable Interference in this Country	2759

Same Subject Rationale of Doctrine Authors View	2765

Same Subject New York Decisions	2772

Same Subject General Doctrine	2781

Same Subject When Injunction Granted When	2788

What may be examined and reviewed	2797

Repair of Bridges Omission of Duty	2803

Ultra Vires as a Defence	2812

Legislative Restriction of Remedies against Municipalities	2821

The Payment must not have been Voluntarily made but made	2828

Actions for Torts Mode of Treatment	2837

Failure to observe Bylaws	2843

Municipal WaterWorks Failure to supply Water	2845

Demolition of Houses to prevent spreading of Fire	2846

Same Subject Statutory Liability	2847

Same Subject Respondeat Superior not applicable	2848

Same Subject Statutory Remedy	2849

Same Subject Legislative Power as to Remedy	2851

Implied Liability ex delicto Distinction between Quasi Corpora tions and Municipal Corporations	2852

Limited Liability of New England Towns	2854

Limited Liability of Counties	2856

Statutory and Implied Liability of New England Towns	2858

Same Subject Hill v Boston	2861

Same Subject Principle of the Decision Ground of Liability stated	2862

Governmental Functions Immunity from Liability denied in Admiralty	2863

1645 1646 Implied Liability of Municipal Corporations proper for Misfeasance and Nonfeasance Its Limits 28652867	2865

Rule of Respondeat Superior as applied to Municipal Corpora tions Ultra Vires	2867

Same Subject Illustrated	2870

Same Subject Authors Comments and Suggestions	2871

Same Subject Illustrative Cases	2872

Cases where Implied Corporate Liability exists for Wrongful Acts	2874

Same Subject Wrongful Acts done Colore Officii	2876

Same Subject Trespass for Illegal Seizure of Property under Void Assessment	2877

Where Municipality engages in Ultra Vires Undertakings	2878

Respondeat Superior when applicable and when not	2879

Police Department Liablity of City for Acts of Police Officers	2883

City Hall and Public Buildings	2887

Liability for Maintenance and Repair of School Buildings etc	2888

Park Department Liability of City for Negligence in Mainte nance of Public Parks	2890

Liability for Negligence and for Wrongful Acts of Firemen	2893

Health Department Liability for Negligence and for Torts of Health Officers	2896

Street Cleaning Removal of Ashes and Garbage	2899

Fault of City Engineer	2900

Wrongful Acts and Negligence of Highway and Street Officers	2901

Basis of Implied Municipal Liability	2902

1666 1667 Ground of Implied Liability 2904	2904

Same Subject Authors Conclusions	2906

Liability of City of New York as Owner of Croton Water Works New York v Bailey	2908

Public Utilities Liability for Negligence in constructing and maintaining Waterworks Gas and Electric Light Plants etc	2909

Liability as Property Owner	2913

Same Subject Impure Water in Free Public Well in Street	2915

Liability as Property Owner for Negligence	2916

1674 1675 Not liable for Consequential Damages of Authorized Acts 29172919	2917

Consequential Damages Grades and Change of Grades	2920

Change of Grade Elevated Viaducts Bridge Approaches	2930

Same Subject Remedy of Abutter by Injunction	2936

Same Subject Change of Grade for other than Street Purposes	2942

Unsafe Streets Quasi Corporations	2950

Same Subject Construction of the New England Statutes	2958

Same Subject Ice and Snow in Streets Slippery Sidewalks	2965

Liability for Injuries outside the travelled Highway Width	2972

Defective Sidewalks	2983

Negligence the Basis of Liability Runaway Horses	2989

Authors Comments on the Doctrine of Implied Liability	2996

Defective Streets Is the American Doctrine as to Implied Liabil	3003

Same Subject Comments on Doctrine of Implied Liability	3009

Doctrine as to Notice and Contributory Negligence summarized	3016

Negligent or Wrongful Acts by abutting Owners and others	3028

Where Street is rendered defective by the Act of a Railroad Com	3034

Same Subject Omission to provide Drains	3040

Liable for Neglect of Ministerial Duties	3053

Conclusion	3062

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Commentaries on the Law of Municipal Corporations, Volumen4
John Forrest Dillon
Vista completa - 1911

Términos y frases comunes

Adams Express Co aff'g amount authority Bank bonds Bush Ky charter Chicago citing text Com'rs Const constitutional provision cost County Dist due process erty exempt exercise Fourteenth Amendment franchise frontage Galveston held imposed improvement interstate commerce Iowa Justice Kentucky L. R. Co lands lature legislative legislature levy license tax lien limits lots Louis Louisville mandamus ment Minn Missouri municipal corporations N. Y. App Ohio St Ohio State Auditor ordinance Orleans paving Pennsylvania persons power of taxation process of law prop property owner proportion provement purposes railroad Ramsey County rev'g rule S. W. Rep sessment sewer Shelby County special assessment special benefits special tax statute statutory street supra Supreme Court taxa taxable taxation taxing district taxing power Tenn thereof tion unconstitutional United valid void York

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Información bibliográfica

Título	Commentaries on the Law of Municipal Corporations, Volumen4 Commentaries on the Law of Municipal Corporations, John Forrest Dillon
Autor	John Forrest Dillon
Edición	5
Editor	Little, Brown,, 1911
Procedencia del original	Biblioteca Pública de Nueva York
Digitalizado	2 Nov. 2006
Largo	3802 páginas

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