Reports of Cases Decided in the Supreme Court of Appeals of West Virginia, Volume 4J.W. Gentry, 1871 - Law reports, digests, etc |
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Page 21
... person may go into the courts and raise the question as to whether the notice required by the constitu- tion and law was given before the passage of the act ? The law provides no mode nor means of preserving the evidence of such notice ...
... person may go into the courts and raise the question as to whether the notice required by the constitu- tion and law was given before the passage of the act ? The law provides no mode nor means of preserving the evidence of such notice ...
Page 26
... person interested in the judgment enjoined ; that Miner , one of the obligees , was the sheriff who held the execution enjoined , and that the other obligees were merely the agents or trustees of Tesson . There was a demurrer to the ...
... person interested in the judgment enjoined ; that Miner , one of the obligees , was the sheriff who held the execution enjoined , and that the other obligees were merely the agents or trustees of Tesson . There was a demurrer to the ...
Page 31
... person , became liable to that other person , not as surety , as is insisted upon , or even as guarantor , but as an assignor - a claim that seems to carry with it its own refutation . The principle is well settled , that the delivery ...
... person , became liable to that other person , not as surety , as is insisted upon , or even as guarantor , but as an assignor - a claim that seems to carry with it its own refutation . The principle is well settled , that the delivery ...
Page 32
... person putting his name on the back of the paper , had not , from the nature of the endorsement , subjected himself to the liabilities , or entitled himself to the privileges which attach to the en- dorser of paper strictly commercial ...
... person putting his name on the back of the paper , had not , from the nature of the endorsement , subjected himself to the liabilities , or entitled himself to the privileges which attach to the en- dorser of paper strictly commercial ...
Page 35
... person credit , it is really a letter of credit , and the endorser cannot object if a note is written upon the paper , even though this was done after the endorsement . Same doctrine in Dougl . R. , 514 ; 29 Eng . C. L. R. , 414. And in ...
... person credit , it is really a letter of credit , and the endorser cannot object if a note is written upon the paper , even though this was done after the endorsement . Same doctrine in Dougl . R. , 514 ; 29 Eng . C. L. R. , 414. And in ...
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acres adm'r affidavit affirmed alleged answer appears appellant appellee assigned assumpsit authority averment Ballard bank BERKSHIRE bond Caperton Carper cause circuit court claimed Clarkson coal Code Code of Virginia common law complainant confederate money constitution contract court of equity creditors Crowdhill damages Davis declaration decree deed defendant in error demurrer dismissed dollars Donnally equity evidence executed fact filed Fluharty Forney fraud grant grantor Gratt Greenbrier county Harrison heirs held illegal injunction issue Jan'y Term January Term John judges concurred judgment jurisdiction jury Kanawha county land legislature lien MAXWELL ment Monroe county motion non est factum objection opinion overruled paid parties payment person plaintiff in error plea pleaded President proceedings purchase money question real estate rebellion receipt record refused rendered replication rule sold statute suit sustained thereof tion tract trespass trial trust usury verdict void Wellsburg West Virginia wife witness
Popular passages
Page 334 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Page 92 - They bore, indeed, this character upon their face, for they were made payable -after the ratification of a treaty of peace between the Confederate States and the United States of America.
Page 224 - In short, ex post facto laws relate to penal and criminal proceedings which impose punishments or forfeitures, and not to civil proceedings which affect private rights retrospectively.
Page 151 - The time and manner of their operation, the exceptions to them, and the acts from which the time limited shall begin to run, will generally depend on the sound discretion of the legislature, according to the nature of the titles, the situation of the country, and the emergency which leads to their enactment.
Page 27 - That rule is, that a covenant will be construed to be joint or several according to the interest of the parties appearing upon the face of the deed, if the words are capable of that construction; not that it will be construed to be several by reason of several interests, if it be expressly joint.
Page 142 - This argument rests on the assumption of two propositions, each of which is without foundation in the established law of nations. It assumes that where a civil war exists, the party belligerent, claiming to be Sovereign, cannot, for some unknown reason, exercise the rights of belligerents, although the revolutionary party may.
Page 360 - An act further to provide for the collection of duties on imports, and for other purposes...
Page 683 - It was for the building of a bridge, which it recites the party of the second part "desires to build across the Allegheny river, and in accordance with specifications and plans * * * heretofore submitted to the. party of the first part by the .party of the second part.
Page 534 - A notice, no particular mode of serving which is prescribed, may be served by delivering a copy thereof in writing to the party in person; or, if he be not found at his usual place of abode...
Page 141 - The appellants contend that the term "enemy" is properly applicable to those only who are subjects or citizens of a foreign State at war with our own. They quote from the pages of the common law, which say, "that persons who wage war against the King may be of two kinds, subjects or citizens. The former are not proper enemies, but rebels and traitors; the latter are those that come properly under the name of enemies.