Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, 第 36 卷Tribune Company Press, 1893 |
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acres action Alfred Caldwell alleged answer appears assigned assumpsit attorney Barbour county bill bond Broun Bull Creek Caperton carrier cause cents charge CHARLESTON Circuit Court claim coal Code commissioner common carrier common-law constitution contract conveyance conveyed corporation County Court court of equity coverture creditors debt declaration decree deed of trust defendant defendant's demurrer duty entitled equity evidence fact filed forfeiture fraud fraudulent Gratt heirs held hundred dollars husband instruction interest John Lewis judge judgment juror jury Kanawha Kanawha county Laidley land legislature liable lien McClanahan ment negligence opinion overruled owner paid party payment person petition plaintiff in error possession proceedings purchaser Quarrier question Railroad real estate reason rule S. E. Rep says sheriff sold statute suit Swann thereof thousand dollars tion tract trial twenty verdict Virginia void West Virginia wife witness writ
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第 291 頁 - No county, city, township, school district, or other municipal corporation shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness.
第 743 頁 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it , that he did not know he was doing what was wrong.
第 398 頁 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who...
第 747 頁 - Canst thou not minister to a mind diseased, Pluck from the memory a rooted sorrow, Raze out the written troubles of the brain, And with some sweet oblivious antidote Cleanse the stuffed bosom of that perilous stuff Which weighs upon the heart ? DOCTOR Therein the patient Must minister to himself.
第 785 頁 - Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
第 816 頁 - 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.
第 544 頁 - It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practiced on the shipper, should be upheld. There is no violation of public policy.
第 411 頁 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
第 340 頁 - It is the settled law of this court that when the evidence given at the trial, with all inferences that the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside, the court is not bound to submit the case to the jury, but may direct a verdict for the defendant" — citing in support of this proposition Pleasants v.
第 835 頁 - ... to establish, for the intercourse of citizens with citizens, those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own so far as is reasonably consistent with a like enjoyment of rights by others.