great principle (California) · Go Syfert
← California issues

great principle in California

8 California opinions name it 2 courts 1895–2003 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Curry v. Superior Courtgreen
cal · 1970 · cited in 3 California opinions naming this issue, 1984–2003
2 sentences

1984It may be that the result of our decision is that something less than a full measure of justice will have been done in this case but as our Supreme Court said in Curry v. Superior Court (1970) 2 Cal.3d 707 [ 87 Cal.Rptr. 361 , 470 P.2d 345 ], “ ‘Assuming a failure of justice in the instant case, it is outweighed by the general personal security afforded by the great principle of freedom from double jeopardy.

1984It may be that the result of our decision is that something less than a full measure of justice will have been done in this case but as our Supreme Court said in Curry v. Superior Court (1970) 2 Cal.3d 707 [ 87 Cal.Rptr. 361 , 470 P.2d 345 ], “ ‘Assuming a failure of justice in the instant case, it is outweighed by the general personal security afforded by the great principle of freedom from double jeopardy.

13
Smith v. Turnergreen
scotus · 1849 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995Even before California entered the Union the foregoing rule was described in an opinion of the United States Supreme Court as “a just and well-settled doctrine” and “a great principle.” (Passenger Cases (1849) 48 U.S. (7 How.) 283, 458 [ 12 L.Ed. 702,775 ] (plur. opn. of Grier, J.).) There a Massachusetts statute required ship captains or owners to pay a tax on each foreign passenger disembarking in the state, for the support of foreign paupers.

1995Even before California entered the Union the foregoing rule was described in an opinion of the United States Supreme Court as “a just and well-settled doctrine” and “a great principle.” (Passenger Cases (1849) 48 U.S. (7 How.) 283, 458 [ 12 L.Ed. 702,775 ] (plur. opn. of Grier, J.).) There a Massachusetts statute required ship captains or owners to pay a tax on each foreign passenger disembarking in the state, for the support of foreign paupers.

11
Fairbank v. United Statesgreen
scotus · 1901 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995I, § 9, cl. 5.) The high court reasoned that “a stamp tax on a bill of lading, which evidences the export is just as clearly a burden on the exportation as a direct tax on the article mentioned in the bill of lading as the subject of the export.” ( 181 U.S. at p. 293 [ 45 L.Ed. at p. 867 ].) The high court relied on a similar decision invalidating a California stamp tax on bills of lading for gold or silver shipped out of the state (Almy v. State of California (1860) 65 U.S. (24 How.) 169 [ 16 L.Ed. 644 ]), saying, “that decision affirms the great principle that what cannot be done directly be

1995I, § 9, cl. 5.) The high court reasoned that “a stamp tax on a bill of lading, which evidences the export is just as clearly a burden on the exportation as a direct tax on the article mentioned in the bill of lading as the subject of the export.” ( 181 U.S. at p. 293 [ 45 L.Ed. at p. 867 ].) The high court relied on a similar decision invalidating a California stamp tax on bills of lading for gold or silver shipped out of the state (Almy v. State of California (1860) 65 U.S. (24 How.) 169 [ 16 L.Ed. 644 ]), saying, “that decision affirms the great principle that what cannot be done directly be

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Johnson v. United States green
ca9 · 1943
1 sentence

1997When substantial new wealth is brought into a marital settlement, that may indeed be an indicator that the transaction involves “something more than a mere division of property.” (See Johnson v. United States (9th Cir. 1943) 135 F.2d 125,130 .) There is no reason, after all, why a couple could not engage in what is, in essence, a collateral transaction involving their separate property at the same time they are divvying up their community estate.

11997–1997
Almy v. California green
scotus · 1861
2 sentences

1995I, § 9, cl. 5.) The high court reasoned that “a stamp tax on a bill of lading, which evidences the export is just as clearly a burden on the exportation as a direct tax on the article mentioned in the bill of lading as the subject of the export.” ( 181 U.S. at p. 293 [ 45 L.Ed. at p. 867 ].) The high court relied on a similar decision invalidating a California stamp tax on bills of lading for gold or silver shipped out of the state (Almy v. State of California (1860) 65 U.S. (24 How.) 169 [ 16 L.Ed. 644 ]), saying, “that decision affirms the great principle that what cannot be done directly be

1995I, § 9, cl. 5.) The high court reasoned that “a stamp tax on a bill of lading, which evidences the export is just as clearly a burden on the exportation as a direct tax on the article mentioned in the bill of lading as the subject of the export.” ( 181 U.S. at p. 293 [ 45 L.Ed. at p. 867 ].) The high court relied on a similar decision invalidating a California stamp tax on bills of lading for gold or silver shipped out of the state (Almy v. State of California (1860) 65 U.S. (24 How.) 169 [ 16 L.Ed. 644 ]), saying, “that decision affirms the great principle that what cannot be done directly be

11995–1995
Frick Et Al. v. Pennsylvania green
scotus · 1925
2 sentences

1995I, § 9, cl. 5.) The high court reasoned that “a stamp tax on a bill of lading, which evidences the export is just as clearly a burden on the exportation as a direct tax on the article mentioned in the bill of lading as the subject of the export.” ( 181 U.S. at p. 293 [ 45 L.Ed. at p. 867 ].) The high court relied on a similar decision invalidating a California stamp tax on bills of lading for gold or silver shipped out of the state (Almy v. State of California (1860) 65 U.S. (24 How.) 169 [ 16 L.Ed. 644 ]), saying, “that decision affirms the great principle that what cannot be done directly be

1995I, § 9, cl. 5.) The high court reasoned that “a stamp tax on a bill of lading, which evidences the export is just as clearly a burden on the exportation as a direct tax on the article mentioned in the bill of lading as the subject of the export.” ( 181 U.S. at p. 293 [ 45 L.Ed. at p. 867 ].) The high court relied on a similar decision invalidating a California stamp tax on bills of lading for gold or silver shipped out of the state (Almy v. State of California (1860) 65 U.S. (24 How.) 169 [ 16 L.Ed. 644 ]), saying, “that decision affirms the great principle that what cannot be done directly be

11995–1995
Miller & Lux Inc. v. Enter. Canal & Land Co. green
cal · 1915
2 sentences

1920“Public policy requires that, under such circumstances (where the owner of land has suffered by silence or quiescence a public service corporation to enter thereon, and expend large sums in the construction of the works, .before he complains of the trespass), the remedy of ejectment should be denied to plaintiff, when the effect of a judgment in such an action would be to destroy the efficiency of the electric line system by taking possession from defendants of that part of it constructed over the land of plaintiff, and thus destroying the public rights which have intervened. ’ ’ In Miller & L

1920“Public policy requires that, under such circumstances (where the owner of land has suffered by silence or quiescence a public service corporation to enter thereon, and expend large sums in the construction of the works, .before he complains of the trespass), the remedy of ejectment should be denied to plaintiff, when the effect of a judgment in such an action would be to destroy the efficiency of the electric line system by taking possession from defendants of that part of it constructed over the land of plaintiff, and thus destroying the public rights which have intervened. ’ ’ In Miller & L

11920–1920
People v. Cook green
cal · 1905
2 sentences

1910For this reason it is essential to the rights of the accused that when such evidence is admitted it should be carefully limited and guarded by instructions to the jury so that its operation and effect may be confined to the single and legitimate purpose for which it is competent." In our state, in People v. Cook, 148 Cal. 334 , [ 83 P. 43 ], it is said: "It was of the highest importance to the defendant in this case, as it always is to any defendant in any case in which evidence of a distinct offense has been admitted for the purpose of showing motive to commit the crime charged that the jury

1910For this reason it is essential to the rights of the accused that when such evidence is admitted it should be carefully limited and guarded by instructions to the jury so that its operation and effect may be confined to the single and legitimate purpose for which it is competent." In our state, in People v. Cook, 148 Cal. 334 , [ 83 P. 43 ], it is said: "It was of the highest importance to the defendant in this case, as it always is to any defendant in any case in which evidence of a distinct offense has been admitted for the purpose of showing motive to commit the crime charged that the jury

11910–1910
State v. Noyes green
me · 1859
1 sentence

1895“All laws for the protection of lives, limbs, health, and quiet of the person, and for the security of all property within the state, fall within this general power of government.” (State v. Noyes, 47 Me. 189 .) “Any law which goes beyond that principle, which undertakes to abolish rights, the exercise of which does not involve an infringement of the rights of others, or to limit the exercise of rights beyond what is necessary to provide for the public welfare and the general security, cannot be included in the police power of the government.

11895–1895

Where else courts name it

NY 42 (1840–2011) PA 16 (1883–2009) TX 15 (1882–2023) IN 11 (1822–2007) FL 11 (1892–1974) OR 10 (1885–1999) NC 8 (1890–1948) CA 8 (1895–2003) NJ 8 (1878–2021) IL 8 (1895–1988) AL 8 (1914–1989) MA 7 (1851–2000) WY 7 (1925–1989) MO 7 (1867–1987) OK 7 (1897–1972) ME 6 (1905–1986) TN 6 (1903–2013) IA 5 (1942–2022) WA 5 (1901–1997) MS 5 (1873–2018) MN 5 (1881–1943) KY 4 (1913–2003) OH 3 (1859–1922) MI 3 (1942–2011) VA 3 (1938–1998) NV 3 (1868–1969) LA 3 (1912–2015) SD 3 (1945–1992) MT 2 (1914–1928) ND 2 (1942–1974) WI 2 (1902–1932) DC 2 (2015–2024) DE 2 (1840–1938) NH 2 (1889–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check