Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Том 25Tribune Company Press, 1885 |
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Страница 31
... record the appellate court presumed that the defendant was present in person or by counsel and consented to the substitution . The record simply stated that one of the referees " being unable to attend on ac- count of indisposition ...
... record the appellate court presumed that the defendant was present in person or by counsel and consented to the substitution . The record simply stated that one of the referees " being unable to attend on ac- count of indisposition ...
Страница 32
... record of the proceedings of the court ; for the law does not require them to report anything but their decision ; and they are a mere transient tribunal , not expected to be skilled in the strictness of forms . We presume everything to ...
... record of the proceedings of the court ; for the law does not require them to report anything but their decision ; and they are a mere transient tribunal , not expected to be skilled in the strictness of forms . We presume everything to ...
Страница 35
... record does not show that a bill of particulars was filed with the declaration . The declaration may have set out the plaintiff's claim in such detail as to render a bill of partic- ulars entirely unnecessary . This declaration is not ...
... record does not show that a bill of particulars was filed with the declaration . The declaration may have set out the plaintiff's claim in such detail as to render a bill of partic- ulars entirely unnecessary . This declaration is not ...
Страница 46
... record September 2 , 1867 , and October 7 , 1867 , appointed R. S. Brown and others commissioners to contract for the building of a bridge across Big Sandy creek near Ravenswood , in said county , in the manner and upon the terms and ...
... record September 2 , 1867 , and October 7 , 1867 , appointed R. S. Brown and others commissioners to contract for the building of a bridge across Big Sandy creek near Ravenswood , in said county , in the manner and upon the terms and ...
Страница 56
... record said order , but added to said record the following certifi- cate : " A copy from the original which was proven in court at January term , 1802 , by a certificate from under the hand and seal of office of Mathew Clarkson , mayor ...
... record said order , but added to said record the following certifi- cate : " A copy from the original which was proven in court at January term , 1802 , by a certificate from under the hand and seal of office of Mathew Clarkson , mayor ...
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Чести термини и фразе
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
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Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 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.
Страница 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.