Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Volume 25Tribune Company Press, 1885 |
From inside the book
Results 1-5 of 81
Page 9
... action by each citizen , that may consist with the public wel- fare ; and it ought not by law to impose any restraint which the paramount claims of the community do not de- mand . But of course it does not follow , that the legislature ...
... action by each citizen , that may consist with the public wel- fare ; and it ought not by law to impose any restraint which the paramount claims of the community do not de- mand . But of course it does not follow , that the legislature ...
Page 46
... action at law against them . HELD : That facts alleged in the bill did not show that the obligation of the plaintiffs had been varied or changed by the action of the supervisors , and that they were , consequently not discharged , and ...
... action at law against them . HELD : That facts alleged in the bill did not show that the obligation of the plaintiffs had been varied or changed by the action of the supervisors , and that they were , consequently not discharged , and ...
Page 49
... action of covenant in the circuit court of Wood county against said George K. Leonard and his sureties on said bond of Oct. 29 , 1867 for an alleged breach of the condition thereof by the said George K. Leonard . The declaration in this ...
... action of covenant in the circuit court of Wood county against said George K. Leonard and his sureties on said bond of Oct. 29 , 1867 for an alleged breach of the condition thereof by the said George K. Leonard . The declaration in this ...
Page 59
... action of the court presents the first question raised in this Court by the plaintiff in error . There is no question that the land conveyed by said deed was at the date of the deed in Ohio county , but by the sub- sequent formation of ...
... action of the court presents the first question raised in this Court by the plaintiff in error . There is no question that the land conveyed by said deed was at the date of the deed in Ohio county , but by the sub- sequent formation of ...
Page 64
... action brought was an action of assumpsit . HELD : I. The defendant could not , under section 5 of chapter 126 of Code of W. Va . file a special plea alleging any failure in the consideration of the contract sued upon , as the con ...
... action brought was an action of assumpsit . HELD : I. The defendant could not , under section 5 of chapter 126 of Code of W. Va . file a special plea alleging any failure in the consideration of the contract sued upon , as the con ...
Other editions - View all
Common terms and phrases
acres action affidavit aforesaid alleged amended amount answer appears appellees application arbitrators assignment assumpsit authority avers award bank bond C. S. Miller cause charged charter circuit court claim commissioner common law constitution contract conveyed corporation counsel county court court of equity creditors damages Damren debts declaration decree deed of trust demurrer Detwiler & English directors dismiss entitled evidence executed facts filed fraudulent George L grantor Grat Harpold held insured interest issue J. B. Detwiler judge judgment jurisdiction jury land legislature liability lien ment Northwestern turnpike Ohio opinion overruled paid Parkersburg parties payment person plaintiff in error plea Pleasants county proceedings prove provision purchaser question Railroad Company record recover refused rendered Ritchie county rule secure sell sold statute stockholders suit thereof tion tract trial verdict West Virginia Wheeling wife Wilson writ of error
Popular passages
Page 22 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Page 334 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 54 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Page 356 - The provision of the Constitution never has been understood to embrace other contracts than those which respect property, or some object of value, and confer rights which may be asserted in a court of justice.
Page 446 - Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court.
Page 340 - In their exercise it has been customary in England from time immemorial, and in this country from its first colonization, to regulate ferries, common carriers, hackmen, bakers, millers, wharfingers, innkeepers, etc., and in so doing to fix a maximum of charge to be made for services rendered, accommodations furnished, and articles sold.
Page 454 - His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents; often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.
Page xlvi - It Is a finality as to the claim or demand In controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 356 - That the framers of the constitution did not intend to restrain the States in the regulation of their civil institutions, adopted for internal government, and that the instrument they have given us is not to be so construed, may be admitted.
Page 9 - The protection against unwise or oppressive legislation, within constitutional bounds, is by an appeal to the justice and patriotism of the representatives of the people. If this fail, the people in their sovereign capacity can correct the evil; but courts cannot assume their rights.