The American and English Encyclopedia of Law, Volum 15
John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland
E. Thompson, 1891
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action affidavit amount appear applied army attached authority blood building cause charge claim Colo common completed Conn constitute contract contractor court defendant duty E. D. Smith effect enforce entitled erection evidence execution existence extended fact filed furnished give given grant ground held intention interest Iowa Iron judgment jurisdiction jury labor land lien limited lines lode Mass materials matter means mechanics ment merits military mill mineral mining mistake Mont mortgage necessary notice officer original owner party patent payment performed person plaintiff possession premises proceedings purchase question reason record rule Stat statute subsequent sufficient suit taken tion trial United unless vein
Side 557 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Side 567 - That department, as we have repeatedly said, was established to supervise the various proceedings whereby a conveyance of the title from the United States to portions of the public domain is obtained, and to see that the requirements of different acts of Congress are fully complied with. Necessarily, therefore, it must consider and pass upon the qualifications of the applicant, the acts he has performed to secure the title, the nature of the land, and whether it is of the class which is open to sale....
Side 462 - ... to execute the laws of the union, to suppress insurrections and repel invasions...
Side 276 - A communication made bona fide upon any subject matter in which the party communicating has an interest or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contained criminating matter which, without this privilege, would be slanderous and actionable...
Side 420 - We think that this construction necessarily results from the nature of the power itself, and from the manifest object contemplated by the act of congress. The power itself is to be exercised upon sudden emergencies, upon great occasions of state, and under circumstances which may be vital to the existence of the Union.
Side 472 - It shall not be lawful for any body of men whatever, other than the regular organized volunteer militia of this State, and the troops of the United States, to associate themselves together as a military company or organization, or to drill or parade with arms in any city or town of this State, without the license of the Governor thereof, which license may at any time be revoked...
Side 559 - Sections 2322 and 2328, by investing the locator, his heirs or assigns, with the right to follow, upon the conditions stated therein, all veins, lodes, or ledges, the top or apex of which lies inside of the surface lines of his claim.
Side 473 - We think it clear that the sections under consideration, which only forbid bodies of men to associate together as military organizations, or to drill or parade with arms in cities and towns unless authorized by law, do not infringe the right of the people to keep and bear arms.
Side 634 - ... jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word "jus" is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law ; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be set aside as having proceeded upon a common mistake.
Side 395 - National government, is the power 'to raise and support armies,' and the power 'to provide for the government and regulation of the land and naval forces.' The execution of these powers falls within the line of its duties; and its control over the subject is plenary and exclusive. It can determine, •without question from any State authority...