like rule in Wyoming

1958That rule was laid down in a carefully written opinion in De Haven v. Williams, 80 Pa. 480 , 21 Am.Rep. 107 .

1958That rule was laid down in a carefully written opinion in De Haven v. Williams, 80 Pa. 480 , 21 Am.Rep. 107 .

1961A like rule was announced in the case of Ferraro v. Taylor, 197 Minn. 5 , 265 N.W. 829 , which cites many cases.

1961A like rule was announced in the case of Ferraro v. Taylor, 197 Minn. 5 , 265 N.W. 829 , which cites many cases.

1960The author, after stating in § 242 that discretionary powers cannot be judicially controlled, states in § 243, p. 459: “So, also, where, by its charter, a municipal corporation is empowered, if it deems the public welfare or convenience requires it, to open streets or make public improvements thereon, its determination, whether wise or unwise, cannot be judicially revised or corrected. * * * ” Many years ago it was laid down in Wiggin v. Mayor, etc., of New York, N.Y.Ch., 9 Paige 16 , that passing an ordinance in relation to opening streets is in the exercise of legislative and not judicial po

1941So in People v. Trucking Co., 277 N. Y. 480 , 14 N. E. (2d) 801, vehicles used in the city to deliver goods brought into the city by interstate commerce were held not to be “kept for hire or used * * * for pay.” We think that a like rule should be applied to the statute which gives the city the power to regulate and levy a tax upon vehicles used within the city “for pay” as applied to vehicles used in interstate commerce, without, however, deciding as to what purely “regulatory fee” the city might be able to impose.

1931Holding this action to be wrong, the court remarked: “It was held in Chaplin, et al. v. Hill, et al., 24 Vt. 528 , that a private school not supported by a tax on the district, might by consent of the district be held in the school house, that such a school was for the furtherance of the general object and design of such erections, and so no unlawful use of the house, and that the prudential committee to whom by law the general care of the house is given, had no legal right to prevent the house being used for that purpose.

1931Tbe use of tbe sehool-bouse, when not needed for tbe regular course, that the like instruction may be imparted to tbe scholars and others of tbe district, so that the knowledge and taste of all in this excellent accomplishment may be promoted, is quite in accordance with tbe uses to which such property is appropriated by law; and the last objection which a friend of public education should make to such a use is, that the people of the district are so desirous of such instruction, that they are willing to pay for it themselves.” Similarly, in Russell v. Dodds, 37 Vt. 497 , where one H. was at f

1928The claimant having failed to make a claim within the statutory period, the industrial commission was without jurisdiction to proceed with the hearing.” In the case of Simmons v. Holcomb, 98 Conn. 770 , 120 Atl. 510 , in speaking of a like claim, the court said: “The making of the claim and the time thereof are matters going to maintenance of the right of action, and come within the general rule that where a statute gives a right of action which did not exist at common law and fixes the time within which the right must be enforced, the time fixed is a limitation or condition attached to the ri

1928The claimant having failed to make a claim within the statutory period, the industrial commission was without jurisdiction to proceed with the hearing.” In the case of Simmons v. Holcomb, 98 Conn. 770 , 120 Atl. 510 , in speaking of a like claim, the court said: “The making of the claim and the time thereof are matters going to maintenance of the right of action, and come within the general rule that where a statute gives a right of action which did not exist at common law and fixes the time within which the right must be enforced, the time fixed is a limitation or condition attached to the ri

1928Being a limitation upon the right of action it must be strictly complied with.” *179 To the same effect is Millaley v. Grand Rapids, 231 Mich. 10 , 203 N. W. 651 ; 1 Wood on limitation (4th Ed.) 11.

1928Being a limitation upon the right of action it must be strictly complied with.” *179 To the same effect is Millaley v. Grand Rapids, 231 Mich. 10 , 203 N. W. 651 ; 1 Wood on limitation (4th Ed.) 11.

1924If you are satisfied beyond a reasonable doubt from all the evidence in the case, of the defendant’s guilt, you should find him guilty.” A like instruction, given in a homicide case where the accused was found guilty of first degree murder, was approved in Horn v. State, 12 Wyo. 80 , 73 Pac. 705 ; the only material difference between the instruction in that case and the second instruction in this being that in the former the instruction included, among the material allegations, that the crime was committed within the county alleged at or about the time stated.

1924If you are satisfied beyond a reasonable doubt from all the evidence in the case, of the defendant’s guilt, you should find him guilty.” A like instruction, given in a homicide case where the accused was found guilty of first degree murder, was approved in Horn v. State, 12 Wyo. 80 , 73 Pac. 705 ; the only material difference between the instruction in that case and the second instruction in this being that in the former the instruction included, among the material allegations, that the crime was committed within the county alleged at or about the time stated.

1924The court speaks only through its records, (Stock v. Royce, 34 Neb. 833, 841 ; 52 N. W. 675 ) and we think that a like rule applies in the case of a judge.

1924The court speaks only through its records, (Stock v. Royce, 34 Neb. 833, 841 ; 52 N. W. 675 ) and we think that a like rule applies in the case of a judge.