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" ... that its abandonment ought not to be presumed in a case in which the deliberate purpose of the State to abandon it does not appear. "
The North American Review - Side 198
1838
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Reports of Cases Argued and Adjudged in the Supreme Court ..., Volum 4;Volum 29

United States. Supreme Court - 1835 - 624 sider
...release of it may not exist : but as the whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment...presumed in a case in which the deliberate purpose of the »Ute to • abandon it does not appear. The great object of an incorporation is to bestow the character...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 36

United States. Supreme Court - 1837 - 696 sider
...must daily pass; the community have, a right to insist, in the language of this Court above quoted, "that its abandonment ought not to be presumed, in...purpose of the state to abandon it does not appear." The continued existence of a government would be of no great value, if by implications and presumptions,...
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The North American Review, Volum 46

Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1838 - 618 sider
...Court, the late Chief Justice states the principle, in tin; following cli-ar and emphatic langunge. Speaking of the taxing power, he says, ' as the whole...right to insist that its abandonment ought not to lie presumed, in a case in which the deliberate purpose of the State to abandon it does not appear."...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 sider
...release of it may not exist ; butjas the whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment...purpose of the state to abandon it does not appear^ The plaintiffs would give to this charter the same construction as if it contained a clause exempting the...
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The United States Magazine and Democratic Review, Volum 7

1840 - 574 sider
...deliberate purpose manifested ; for, " as the whole community is interested in maintaining it undiminished, that community has a right to insist, that its abandonment...purpose of the State to abandon it does not appear." Such was the language of Judge Marshall When it is recollected that an argument much relied upon in...
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The United States Democratic Review, Volum 7

1840 - 582 sider
...deliberate purpose manifested ; for, " as the whole community is interested in maintaining it undiminished, that community has a right to insist, that its abandonment...purpose of the State to abandon it does not appear." Such was the language of Judge Marshall When it is recollected that an argument much relied upon in...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volum 5

Maryland. Court of Appeals, Richard W. Gill, Oliver Miller - 1850 - 596 sider
...release of it may not exist : but as the whole community is interested in retaining it undiminished, that community has a right to insist that its abandonment...purpose of the State to abandon it does not appear." In the case by the Stourbridge Canal against Wheeley, 2 Barn fy Adolph. 792, Lord Tenterden, when speaking...
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Southern Quarterly Review, Volum 16

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 556 sider
...release of it may not exist ; but as the whole community is interested in retaining it undiminislied, that community has a right to insist that its abandonment...purpose of the State to abandon it does not appear.' " Adverting to the article of the constitution giving to congress the power to establish a uniform...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 9

Georgia. Supreme Court - 1851 - 716 sider
...daily pass — the community have a right to insist^ in the language of this Court above quoted — " that its abandonment ought not to be presumed in a case, in which the deliberate purpose ofthe State to abandon it, does not appear." The continued existence of a government would be of no...
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The American Law Journal, Volum 1;Volum 8

1849 - 604 sider
...must daily pass, the community have a right to insist, in the language of this Court above quoted, "that its abandonment ought not to be presumed in...purpose of the State to abandon it does not appear." * * • No one will question that the interests of the great body of the people of the State, would,...
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