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 82
... demand , which was fully proven , must have been based solely on the general issue and on the recoupment of the de- fendant's damage under his notice , that he would ask for such recoupment . If we find that they were justified by the ...
... demand , which was fully proven , must have been based solely on the general issue and on the recoupment of the de- fendant's damage under his notice , that he would ask for such recoupment . If we find that they were justified by the ...
Página 88
... demand , that he had violated the obligation on his part imposed on him by the contract , or that the consideration failed , or that fraud and deceit had been practiced by the plaintiff in making the contract sued upon , on which his ...
... demand , that he had violated the obligation on his part imposed on him by the contract , or that the consideration failed , or that fraud and deceit had been practiced by the plaintiff in making the contract sued upon , on which his ...
Página 108
... the corporation , and then proceeded to resist the plaintiff's money - demand against the corporation , on motion of the plain- tiff his answer was stricken from the record ; and 108 [ Sup . Ct . PARK . PETROLEUM Co. WHEELING. ...
... the corporation , and then proceeded to resist the plaintiff's money - demand against the corporation , on motion of the plain- tiff his answer was stricken from the record ; and 108 [ Sup . Ct . PARK . PETROLEUM Co. WHEELING. ...
Página 143
... demand in order to bring it within the jurisdiction of a justice and for this reduced sum he obtained a judgment against the plaintiff in 1866 , which is the judg ment in the declaration mentioned ; that shortly after this the plaintiff ...
... demand in order to bring it within the jurisdiction of a justice and for this reduced sum he obtained a judgment against the plaintiff in 1866 , which is the judg ment in the declaration mentioned ; that shortly after this the plaintiff ...
Página 144
... demand against Ogg , the defendant in error , for the debt mentioned in his affidavit , ( 2 ) that he had sufficient grounds to justify him in the belief that the said Ogg was a non - resident of the State and that he had effects or ...
... demand against Ogg , the defendant in error , for the debt mentioned in his affidavit , ( 2 ) that he had sufficient grounds to justify him in the belief that the said Ogg was a non - resident of the State and that he had effects or ...
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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.