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June 6, 1896


JAMA. 1896;XXVI(23):1135-1136. doi:10.1001/jama.1896.02430750037006

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Circumstances may exist which seem to demand quick and summary action for the protection of health and life, and in such a case an officer upon whom authority for the purpose is conferred will not be held responsible for a sacrifice of property which the exigencies of the situation appear to require. But no decision which it has found, the court of appeals of Colorado goes on to say, goes further than this, and, where the necessity for immediate action does not exist, a judgment condemning property must be the result of a trial before a regularly authorized tribunal, in a proceeding to which the person whose rights are to be affected is a party, and in which the burden of proving the charges is upon the complainant, and full opportunity is given to the adverse party to make his defense. In the case in which these general principles are

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