-
94 U.S. 113 Supreme Court March 18, 1877 No. 99
From this source come the police powers, which, as was said by Mr.
This brings us to inquire as to the principles upon which this power of regulation rests, in order that we may determine what is within and what without its operative effect.
They are located with the river harbor on one side and the railway tracks on the other; and the grain is run through them from car to vessel, or boat to car, as may be demanded in the course of business.
-
81 U.S. (14 Wall.) 442 Supreme Court April 22, 1872
But the coui’t also told the jury that “no subsequent-official survey of the land under those warrants,■ without a warrant of survey or order of the board of property, was- authorized.”
† Doubtless the official surveyor may correct his survey while the warrant remains in his hands, but his.control over it ceases after his return has been made to the land office, and the decisions are direct that no second survey
search .and inquiry in the place where it was usually kept or in which it was most likely to be found, if the nature of the case admitted of such proof
-
95 U.S. 465 Supreme Court January 18, 1878 No. 130
It is true a proviso to the first section enacts that “ when such cattle shall come across the line of the State, loaded upon a railroad car or steamboat, and shall pass through the State without being unloaded, such shall riot be
a railroad car or steamboat, and pass through the State without being unloaded.
. - Many acts; of. a State may, indeed,, affect commerce, without amounting to a regulation, of-it, in the constitutional sense of the term.
-
96 U.S. 727 Supreme Court May 13, 1878
can only "be opened and examined under like warrant, issued upon similar oath or affirmation, particularly describing the thing to be seized, as is required when papers are subjected to search in one’s, own household.
Whilst regulations excluding matter from the mail cannot be enforced in a way which would require or permit an examinar tion into letters, or sealed packages-subject to letter postage, without warrant, issued upon oath or affirmation
, in the search for prohibited matter, they may be enforced upon-competent evidence of their violation obtained in other ways; as from the parties receiving the letters or packages, or from agents-depositing them in the post-office
-
95 U.S. 157 Supreme Court November 19, 1877 No. 77
After their departure, the sheriff, with process, made search for the record of the proceedings of, the supervisors, and for the county seal. Neither was found.
perpetrated as to the issuing of warrants by Jamison is very probable, and it may be that it extended to the warrants here in question.
The search was made several times, with the same result. . The counsel apprised the supervisors of the fact, and advised them that nothing could be done without the warrants.
-
97 U.S. 659 Supreme Court November 11, 1878 No. 5
So, if a warrant be granted for a tract of land in a specified district without describing it, when the warrantee has selected a tract, the contract is closed, and his right to that tract is absolute.
But the legislature may legalize acts which, without such legislation, would be obnoxious to criminal law. It may legalize that which, without such action, would be a nuisance. It may do this either by law or by contract.
If so, why may it not bind itself not to exercise its police power over certain employments.
-
93 U.S. 291 Supreme Court December 18, 1876 No. 109
A brakeman on the hindmost car had a lantern in his hand. The light so dazzled or blinded the plaintiff, that he thought he was on the same car with the brakeman, though he was in fact near the end of the car next before it.
We find nothing in the record which affords any warrant for such an imputation. As the case went to-the-jury, the opposite was established. There was no proof to the contrary.
The conformity is required *301 to be “ as near as may be ” — not as near as may be possible, or-as near as may be practicable.
-
70 Mo. 152 Supreme Court of Missouri October 15, 1879
” *156 Section 6. “ The officer charged with the execution of such warrant shall have power, if necessary, to break open doors for the purpose of executing the same, and for that purpose may have the assistance of the whole police
By the general law a judge, or a justice of the peace, and by the act establishing the hoard of police commissioners, the acting president of the board may issue his warrant directing a constable, or police officer, to bring before
Briggs, 1 Curtis 325, the words “law of the land” do not mean any act which the assembly may choose to pass. If it did, the legislative 'will could inflict a’forfeiture of life, liberty or *157 property without a trial.
-
82 U.S. (15 Wall.) 566 Supreme Court May 18, 1873
particular section, the statute directed as follows: “ Then the inspector shall issue a warrant, payable to the contractor, which shall be a legal order upon the treasurer of the levee fund for the amount therein specified.”
* The section conferring powers commences as follows: “ The police juries shall have power to make all such regulations as they may deem expedient: “1st.
A collection of the cases may be found in Billon on Municipal Corporations.
-
97 U.S. 25 Supreme Court May 13, 1878 No. 277
All rights are held subject to the police power of the State.
We do not mean to say that property actually in existence, and in which the right of the owner has become vested, may be taken for the public good without due compensation.
Whatever differences of opinion may exist as to the extent and boundaries of the police power, and however difficult it may be to render a satisfactory definition of it, there seems to be no doubt that it does extend to the protection
-
71 Ill. 100 Illinois Supreme Court September 15, 1873
to go into the streets to a police station, and imprisoned her, without anv reasonable or probable cause.
This was all done without process or warrant.
The arrest and imprisonment was without probable cause; the search in the night, without a warrant, was in violation of law.
-
61 Ill. 242 Illinois Supreme Court September 15, 1871
Possession within the city, without any intention of selling therein, is made-the offense. There is as great a divergence between the charter and ordinance in regard to the search warrant.
By the system of measures devised by the charter and ordinance, the citizen may be .deprived of property without notice; condemned without witnesses; his premises subjected to an unreasonable search, and his property, to an unlimited
Without actual sale— without the overt act—without even intent, in fact, to violate the law—the sanctity of the domestic circle is violated by an odious search.
-
16 Minn. 182 Supreme Court of Minnesota July 15, 1870
warrant might be issued for the search of said premises; that a search warrant was issued and delivered to the chief of police of St.
The complaint alleges the making of a complaint for larceny, and an arrest of Cole upon a warrant issued upon such complaint, and Exhibits B and 0 are a complaint for a search warrant, a search warrant issued upon such complaint, and
A proceeding under this chapter may perhaps in some instance be a substantive criminal proceeding, but is not necessarily *190 so; it may be ancillary to the prosecution for larceny; the facts upon which the warrant is issued may
-
108 Mass. 19 Massachusetts Supreme Judicial Court October 15, 1871
The question in the case is, whether a warrant is valid, issued for the search of a tavern, store, grocery, eating-room or place of common resort, kept in a dwelling-house, without such oath or affirmation.
, without requiring the oath or affirmation prescribed in the forty-fifth section, and that such oath or affirmation is requisite only when a warrant is to issue for the search of a building or part of a building used exclusively for
of search to any sheriff or deputy sheriff, or city marshal, or chief of police or deputy chief of police, or deputy marshal, or constable, commanding such officer to search the premises in which it is alleged such liquor is deposited
-
59 Ind. 173 Indiana Supreme Court November 15, 1877
This is the title : *175 ■“ Aii act defining vagrancy and other offences therein specified, providing penalties, authorizing arrests of suspected persons, without warrant, providing a method of ■examination, authorizing search of
Arrests without warrant in some 'cases have always been held not -unreasonable, but exactly the entire list of such we 'shall not attempt "to give.
Preliminary trials, upon which 'commitments are made, are had without a jury, an'd final trials may be, if a jury is not claimed.
-
83 U.S. (16 Wall.) 36 Supreme Court April 14, 1873
They were required to reside ou and cultivate the soil without the right to purchase or own it.
It declares that persons may be citizens of the United States without regard to their citizenship of a particular State, and it overturns the Dred Scott decision by making all persons born within the United States and subject to its
*74 Not only may a man be a citizen of the United States without being a citizen of a State, but an important element is necessary to convert the former into the latter. lie must reside withiu the State to make him a citizen of it
-
68 Me. 418 Supreme Judicial Court of Maine September 23, 1878
The questions here presented are whether liquors may be seized, without a warrant, on his person, and whether he is liable under any existing statute to the search and seizure process. The seizure was without warrant. By R.
S., c. 27, § 34, it is provided that “ in all cases where an officer is authorized to seize intoxicating liquors by virtue of a warrant, he may seize the same without a warrant.
To search the person would be to search without a previous warrant “ supported by oath or affirmation.” This is a search and seizure complaint.
-
55 Mo. 476 Supreme Court of Missouri February 15, 1874
Joseph, without keeping while so running a brilliant and conspicuous light on the forward end of such locomotive engine, car or train of cars, it constituted negligence on the part of defendant. 5.
Joseph, without ringing its bell continually while running in said city, it constituted negligence on the part of the defendant. 6.
Joseph ám thorized such regulations in relation to the police of the city as would warrant the restrictions complained of here.'
-
91 Ill. 39 Illinois Supreme Court September 15, 1878
Justice Scholfield delivered the opinion of the Court: On the 13th of May, 1875, the plaintiff, in company with a friend, (Mrs.
Camp left the car without difficulty, but the plaintiff, Avhile attempting to leave it, was thrown, in consequence of the car being suddenly started forward, with great violence to the ground.
car and while she was alighting from said car, Avhich said starting of the car, without negligence or default of plaintiff, caused the plaintiff to be thrown down and injured by breaking her bones, and that the neck of the femur,
-
47 N.Y. 122 New York Court of Appeals December 22, 1871
He may direct or control the driver, but does not himself drive the vehicle. He controls the movements of the car, but he does not act as driver.
rung, or caused the bell to be rung as a signal for the stopping of the car, and passed out on the platform and asked the conductor to stop the car, to which he replied that the car was stopped enough; that she told the conductor she
The car was in motion, and for no cause could the plaintiff have been thrust out into the street against her will while the car was in motion.
Showing the top 500 cases. Narrow your search or add filters to see more.