CITES BY TOPIC: common rights |
Chas. C. Steward Mach. Co. v. Davis, 301 U.S. 548 (1937):
Sims v. Ahrens, 167 Ark. 557, 271 S.W. 720. Click here for the history of this case.
Million v. Metropolitan Casualty Insurance Co., 172 N.E. 569
Coral Gables v. Christopher, 189 A. 147, 150, 109 A.L.R. 474.
"Kent says: "Corporations or bodies politic are the most usual franchises known in our law." 3 Kent Comm. 459. It is true that the privileges so granted by the government do not pertain to the citizens of the state by common right. But what is the "common right" here referred to? Is it not [common right is] a right which pertains to the citizens by the common law, the investiture of which is not to be looked for in any special law whether established by the Constitution or an act of the Legislature? Coke says: "De commun adroit -- of common right -- that is, by the common law, because the common law is the best and most common birthright that the subject hath for the safeguard and defense not only of his goods, lands, and revenues, but of his wife and children. * * * This common law of England is sometimes called 'right', sometimes `common right', and sometimes `communis justitia'." Spring Valley Waterworks v. Schottler, 62 C. 69. (Emphasis added.) CONSTITUTIONAL RIGHT. A [common] right guaranteed to the citizens by the Constitution and so guaranteed as to prevent legislative interference therewith. Delaney v. Plunkett, 146 Ga. 547, 91 S. E. 561, L. R. A. 1917D 926, Ann. Cas. 1917E 685." Black's Law Dictionary, supra, p. 385. (Insertion added.) |
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