Amotion
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
^ Turning out; removal.
1.
Turning out the legal proprietor of an estate in realty before the termination of the estate; 8 an eviction. See Eviction; Duster.
3.
Removal of a corporate officer from office, as distinguished from depriving a member of his privilege of membership 9 — expulsion, disfranchisement. This right, for just cause, is a common-law incident to all corporations. Where the appointment is during good behavior, or the removal is for a specified cause, an opportunity to be heard should be afforded.' Among the various causes are — firsts such as have no immediate relation to the office yet are in them- >Taft V. Northern Transp.
Co., 66 N. H. 416 (1876), Gushing, C. J. See also 11 Pitts. Leg. J. 321-28 (1864); 109 U. S. 68; 2 Mass. 215; 11 Tex. 608; 11 Gratt. 666. 2 Knote V. United States, 10 Ct. CI. 407 (1874). 'Exp. Law, 35 Ga. 896 (1865): Pardoning Power, 11 Op. Att.-Gen, 228 (1865). * 17 St. L. 142.
See, as to President granting a gen eral amnesty, 8 Am. Law Reg. 513-32, 577-89 (1869), 'Gibbons v. Ogden, 9 Wheat. 194, 196, 227 (1821), Marshall, C. J.; 14 How. 573; 8 Wall. 783; 9 id. 43. •4 Kent, 343: ' L. a-movere, to move from, remove. selves of so infamous a nature as to render the offender unfit to execute any public franchise — but indictment and conviction must then precede; second, such as are only against his oath and the duty of his oi Hce as a corporator and amount to a breach of the tacit condition annexed to his office; third, such as are offenses not only against the duty of his ofiflce, but are indictable at common law, ^ See T^enijre, Of office.
AMOtrifT. See Description, 1, 4; Dispute; Exceeding; More or Less; Sum.