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acres action alleged amended amount answer appears application assignment authority award bank bill bond brought cause charges charter circuit court claim commissioner common consideration constitution contract conveyed corporation costs counsel creditors damages death debts decided decree deed of trust defendant demand Detwiler directors entered entitled equity evidence exceptions executed facts filed fraudulent further give given granted held insured interest issue John judge judgment jurisdiction jury land legislature liability March matter ment notice object Ohio opinion organs paid parties payment person plaintiff possession present proceedings prove provision purchaser question railroad reason received record recover reference refused regarded rendered reversed rule says secure sold statement statute stockholders suit taken term thereof tion trial West Virginia whole writ of error
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.