Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Volume 25Tribune Company Press, 1885 |
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Página 3
... costs . To the refusal of the court to arrest this judgment upon the above facts , certified to be all the facts proven , the defendant took a bill of exceptions , which on its face states , that this motion was based on the ground that ...
... costs . To the refusal of the court to arrest this judgment upon the above facts , certified to be all the facts proven , the defendant took a bill of exceptions , which on its face states , that this motion was based on the ground that ...
Página 35
... in error must recover of the plaintiff in error his costs in this Court expended and damages according to law . AFFIRMED . 25 201 36 d53 471 WHEELING . REILLY V. OGLEBAY Nov. , 1884. ] STATE , FOR USE , & c . v . RAWSON . 35.
... in error must recover of the plaintiff in error his costs in this Court expended and damages according to law . AFFIRMED . 25 201 36 d53 471 WHEELING . REILLY V. OGLEBAY Nov. , 1884. ] STATE , FOR USE , & c . v . RAWSON . 35.
Página 51
... costs . From this decree the plaintiffs have obtained the appeal to this Court . J. A. Hutchinson , for appellant . R. S. & C. L. Brown , for appellee . SNYDER , JUDGE : The counsel for the appellants , to sustain this appeal , has ...
... costs . From this decree the plaintiffs have obtained the appeal to this Court . J. A. Hutchinson , for appellant . R. S. & C. L. Brown , for appellee . SNYDER , JUDGE : The counsel for the appellants , to sustain this appeal , has ...
Página 76
... cost him , averaged about $ 50 . The item of $ 700.00 damages claimed by the defendant in the first special plea was ... costs us but little to sell it , because we ship it direct to the party and the expence is only in the delivery of ...
... cost him , averaged about $ 50 . The item of $ 700.00 damages claimed by the defendant in the first special plea was ... costs us but little to sell it , because we ship it direct to the party and the expence is only in the delivery of ...
Página 77
... re - sale by him , then that all the costs and expenses incurred by the defend- ant in introducing and re - selling the same must be borne by him , unless they further find that there was Nov. , 1884. ] STERLING ORGAN Co. . HOUSE . v . 77.
... re - sale by him , then that all the costs and expenses incurred by the defend- ant in introducing and re - selling the same must be borne by him , unless they further find that there was Nov. , 1884. ] STERLING ORGAN Co. . HOUSE . v . 77.
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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
Passagens mais conhecidas
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.