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" It is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer... "
Report of the Committee on the Judiciary, House of Representatives ... - Stran 337
1982
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Annual Report - Iowa State Commerce Commission

Iowa State Commerce Commission - 1895 - 818 strani
...the determination of real, earnest and vital controversy between parties. It was never thought th.it, by means of a friendly suit, a party beaten in the...as to the constitutionality of the legislative act. * * * Our suggestion is only to indicate how easily courts may bo misled into doing grievous wrong...
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Handbook of American Constitutional Law

Henry Campbell Black - 1897 - 792 strani
...necessary in order to determine the rights of parties in a real and antagonistic controversy. "It never was thought that, by means of a friendly suit, a party...as to the constitutionality of the legislative act" 1B SAME— PARTIES INTERESTED. 36. A statute will not be declared unconstitutional on the application...
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The General Principles of Constitutional Law in the United States of America

Thomas McIntyre Cooley - 1898 - 502 strani
...necessity in the determination of a real, earnest, and vital controversy between parties. It was never thought that, by means of a friendly suit, a party...constitutionality of the legislative act." Chicago, &c. Ry. Co. v. Wellman, 143 US 339. and void when the objection to it is merely that it is unjust and...
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A Selection of Cases on Constitutional Law

Emlin McClain - 1900 - 1134 strani
...and as a necessity in the determination of real, earnest, and vital controversy between individuals. small to enable the owner of the steamer to take the...jurisdiction in cases where the demand in dispute, exc These observations are pertinent here. On the very day the act went into force the application for...
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A Selection of Cases on Constitutional Law

Emlin McClain - 1900 - 1126 strani
...and as a necessity in the determination of real, earnest, and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature oould transfer to the courts an inquiry as to the constitutionality of the legislative act. These observations...
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Commentaries on American Law, Količina 1

James Kent - 1901 - 1034 strani
...and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly...legislature could transfer to the courts an inquiry ns to the constitutionality of the legislative act." The giving of advisory opinions " is not the exercise...
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Annual Report of the Board of Gas and Electric Light Commissioners of the ...

Massachusetts. Board of Gas and Electric Light Commissioners - 1902 - 416 strani
...and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly...to the constitutionality of the legislative act." In Chicago Railway Co. v. Minnesota, 134 US 418, Mr. Justice Miller said, in a concurring opinion,...
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The Constitution of the Commonwealth of Australia

Sir William Harrison Moore - 1902 - 500 strani
...in the determination of real, earnest, and vital controversy between the individuals. It never was thought that by means of a friendly suit a party beaten...to the constitutionality of the legislative Act." The English practice seems more favourable to friendly suits, if at any rate they are brought and conducted...
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Scribner's Magazine, Količina 33

Edward Livermore Burlingame, Robert Bridges, Alfred Sheppard Dashiell, Harlan Logan - 1903 - 954 strani
...necessity in the determination of real, earnest, and vital controversy between individuals. It never was thought that, by means of a friendly suit, a party...as to the constitutionality of the legislative act. Second. While there is no direct appeal from the legislature to the court, and while the latter cannot...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley, Victor Hugo Lane - 1903 - 1172 strani
...as a necessity in the determination of real, earnest, and vital controversies between individuals. It never was the thought that by means of a friendly...legislature could transfer to the courts an inquiry a» to the constitutionality of the legislative act.] ing was required to warrant the passage of the...
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