Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Volume 25Tribune Company Press, 1885 |
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Results 1-5 of 72
Page 180
... debt , for which land was sold under a deed of trust , even if for the greater portion of the time those interested in showing such payment were infants , equity would hesitate to grant relief , though the statute of limitations did not ...
... debt , for which land was sold under a deed of trust , even if for the greater portion of the time those interested in showing such payment were infants , equity would hesitate to grant relief , though the statute of limitations did not ...
Page 184
... debts of the corpo- ration , having become insolvent , one of its judgment - creditors on his own behalf , and for the benefit of all other creditors , insti- tuted his suit in the municipal court of Wheeling against said corporation ...
... debts of the corpo- ration , having become insolvent , one of its judgment - creditors on his own behalf , and for the benefit of all other creditors , insti- tuted his suit in the municipal court of Wheeling against said corporation ...
Page 185
... debts of the corporation , and to enforce payment of the same . To this bill the defendant stockholders demurred , and the court sustained the demurrer , and dismissed the bill with costs . Upon an appeal to this Court , it was HELD : I ...
... debts of the corporation , and to enforce payment of the same . To this bill the defendant stockholders demurred , and the court sustained the demurrer , and dismissed the bill with costs . Upon an appeal to this Court , it was HELD : I ...
Page 187
... debts , and that the debts due from said corporation still unpaid , amount to $ 280,000.00 , including the debt due to the plaintiffs . They further allege that by the third section of the thir- teenth article of the constitution of the ...
... debts , and that the debts due from said corporation still unpaid , amount to $ 280,000.00 , including the debt due to the plaintiffs . They further allege that by the third section of the thir- teenth article of the constitution of the ...
Page 188
... debts , in an amount equal to the stock owned by him in addition to said stock , and that all of said debts were contracted on the faith of said liability ; that on January 29 , 1878 , all of the real es- tate of said corporation was ...
... debts , in an amount equal to the stock owned by him in addition to said stock , and that all of said debts were contracted on the faith of said liability ; that on January 29 , 1878 , all of the real es- tate of said corporation was ...
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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.