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 45
... REVERSED IN PART - AFFIRMED IN PART . WHEELING . LEONARD V. COUNTY COURT OF JACKSON COUNTY . 25 45 42 151 25 45 Submitted June 25 , 1884. - Decided Nov. 15 , 1884 . * ( JOHNSON , P. , absent . ) 1. The liability of a surety is not to be ...
... REVERSED IN PART - AFFIRMED IN PART . WHEELING . LEONARD V. COUNTY COURT OF JACKSON COUNTY . 25 45 42 151 25 45 Submitted June 25 , 1884. - Decided Nov. 15 , 1884 . * ( JOHNSON , P. , absent . ) 1. The liability of a surety is not to be ...
Страница 64
... reversed , the verdict of the jury set aside and a new trial awarded . REMANDED . REVERSED . WHEELING . STERLING ORGAN Co. v . HOUSE . Submitted June 6 , 1884 - Decided November 15 , 1884 . 1. A. , a manufacturer of organs , enters into ...
... reversed , the verdict of the jury set aside and a new trial awarded . REMANDED . REVERSED . WHEELING . STERLING ORGAN Co. v . HOUSE . Submitted June 6 , 1884 - Decided November 15 , 1884 . 1. A. , a manufacturer of organs , enters into ...
Страница 86
... reversed . " These are the views of the New York courts . See Van Epps v . Harrison , 5 Hill 63. The Mayor , & c . , of the city of Albany v . Trowbridge and others , 5 Hill 71 ; Trowbridge v . The Mayor of Albany , 7 Hill 430. It seems ...
... reversed . " These are the views of the New York courts . See Van Epps v . Harrison , 5 Hill 63. The Mayor , & c . , of the city of Albany v . Trowbridge and others , 5 Hill 71 ; Trowbridge v . The Mayor of Albany , 7 Hill 430. It seems ...
Страница 108
... reversed with costs to the appellant ; and this Court proceeding to do what the circuit court should have done , the injunction granted in this cause is dissolved , and the bill dismissed at plaintiff's costs . REVERSED . DISMISSED ...
... reversed with costs to the appellant ; and this Court proceeding to do what the circuit court should have done , the injunction granted in this cause is dissolved , and the bill dismissed at plaintiff's costs . REVERSED . DISMISSED ...
Страница 109
... reversed confirming a sale of real estate for an error in the decree ordering the sale , when he has taken no steps in the court below before such confirmation to re- sist the same . But such decree , so far as it confirms the sale ...
... reversed confirming a sale of real estate for an error in the decree ordering the sale , when he has taken no steps in the court below before such confirmation to re- sist the same . But such decree , so far as it confirms the sale ...
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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.