Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Τόμος 25Tribune Company Press, 1885 |
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Σελίδα 42
... decree , but it is evident that such was not the intention of the court . If attention had been called to it the decree would , no doubt , have been modified and the injunction confined to the prohibition of any sale under or by virtue ...
... decree , but it is evident that such was not the intention of the court . If attention had been called to it the decree would , no doubt , have been modified and the injunction confined to the prohibition of any sale under or by virtue ...
Σελίδα 44
... decree of August 28 , 1883 , should be reversed and the decree of September 1 , 1883 , be affirmed with costs to the appellees , the plaintiffs below , they being the parties substantially pre- vailing , and instead of said decree of ...
... decree of August 28 , 1883 , should be reversed and the decree of September 1 , 1883 , be affirmed with costs to the appellees , the plaintiffs below , they being the parties substantially pre- vailing , and instead of said decree of ...
Σελίδα 103
... decree for that amount with the costs in favor of Seamands against Knott . From this decree Knott obtained an appeal with supersedeas . J. H. Ferguson , for appellant . W. S. Laidley , for appellee . JOHNSON , PRESIDENT : Has equity ...
... decree for that amount with the costs in favor of Seamands against Knott . From this decree Knott obtained an appeal with supersedeas . J. H. Ferguson , for appellant . W. S. Laidley , for appellee . JOHNSON , PRESIDENT : Has equity ...
Σελίδα 108
... decree for what is due on the note for $ 650 . It appears to us , that the plaintiff has no equity , having failed to show any ground for equitable relief . The decree is erroneous , because it should have dissolved the injunction and ...
... decree for what is due on the note for $ 650 . It appears to us , that the plaintiff has no equity , having failed to show any ground for equitable relief . The decree is erroneous , because it should have dissolved the injunction and ...
Σελίδα 109
... decree against the defendant . ( 112. ) 7. A debtor cannot have a decree 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 ...
... decree against the defendant . ( 112. ) 7. A debtor cannot have a decree 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 ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
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
Δημοφιλή αποσπάσματα
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.