Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Volume 25Tribune Company Press, 1885 |
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Page 8
... application I need not consider in this case , as it is no such extreme case ; and the constitutionality of these sections 9 and 15 of chapter 93 of the Acts of 1882 is readily shown by the application to them of undisputed principles ...
... application I need not consider in this case , as it is no such extreme case ; and the constitutionality of these sections 9 and 15 of chapter 93 of the Acts of 1882 is readily shown by the application to them of undisputed principles ...
Page 83
... application and was originally so trammeled by technicalities , that it was of but little use , and the term recoupment for a time became obsolete ; yet the principle was always retained . Recently not only has the term recoupment been ...
... application and was originally so trammeled by technicalities , that it was of but little use , and the term recoupment for a time became obsolete ; yet the principle was always retained . Recently not only has the term recoupment been ...
Page 132
... application here . The decree of the circuit court must , therefore , be affirmed as to the sale of the one - sixth of the said 251 acres of land in fee and the life estate of O. L. Medsker in one - sixth which descended to his wife ...
... application here . The decree of the circuit court must , therefore , be affirmed as to the sale of the one - sixth of the said 251 acres of land in fee and the life estate of O. L. Medsker in one - sixth which descended to his wife ...
Page 137
... applications for the correction of er- rors in deerees rendered " on bills taken for confessed " to be made to the courts ... application has been first made and overruled by such court . This statute has been often considered by the ...
... applications for the correction of er- rors in deerees rendered " on bills taken for confessed " to be made to the courts ... application has been first made and overruled by such court . This statute has been often considered by the ...
Page 148
... application of such a creditor and on his show- ing , that he would be benefited by the reversal of such judgment , can properly enjoin the plaintiff in error from dismissing such writ of error . ( p . 175. ) 5. The fact , that the ...
... application of such a creditor and on his show- ing , that he would be benefited by the reversal of such judgment , can properly enjoin the plaintiff in error from dismissing such writ of error . ( p . 175. ) 5. The fact , that the ...
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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.