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 6
... tion or restraint . " " Wherever laws attempt to secure alike to every man , weak or strong , rich or poor , ignorant or instructed , the right , the moral power of seeking his own happiness in his own way , they invade natural liberty ...
... tion or restraint . " " Wherever laws attempt to secure alike to every man , weak or strong , rich or poor , ignorant or instructed , the right , the moral power of seeking his own happiness in his own way , they invade natural liberty ...
Страница 22
... tion of this law , as far as it could be done , by providing that the members of this Board of Health should be appointed by the Governor , and that as officers of the State they should take an oath to faithfully perform their duties ...
... tion of this law , as far as it could be done , by providing that the members of this Board of Health should be appointed by the Governor , and that as officers of the State they should take an oath to faithfully perform their duties ...
Страница 45
... tion , he is bound and no farther . It is not sufficient that he may sustain no injury by a change in the contract , or that it may even be for his benefit . He has a right to stand upon the very terms of his contract . If the contract ...
... tion , he is bound and no farther . It is not sufficient that he may sustain no injury by a change in the contract , or that it may even be for his benefit . He has a right to stand upon the very terms of his contract . If the contract ...
Страница 60
West Virginia. Supreme Court of Appeals, Edgar P. Rucker. tion ; and as it appeared on the face of the certificates , and was judicially known to the court , that there was such city in the county of Philadelphia , the acknowledgment ...
West Virginia. Supreme Court of Appeals, Edgar P. Rucker. tion ; and as it appeared on the face of the certificates , and was judicially known to the court , that there was such city in the county of Philadelphia , the acknowledgment ...
Страница 66
... tion , and with it was filed the following bill of particulars : " Seventeen organs bought by the defendant of the plain- tiff between March 6 , 1882 , and April 21 , 1882 , at prices ranging from $ 43.00 to $ 93.00 , and aggregating ...
... tion , and with it was filed the following bill of particulars : " Seventeen organs bought by the defendant of the plain- tiff between March 6 , 1882 , and April 21 , 1882 , at prices ranging from $ 43.00 to $ 93.00 , and aggregating ...
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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.