The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly... Kansas Reports - Página 469por Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1896Vista completa - Acerca de este libro
| Seymour Dwight Thompson - 1879 - 584 páginas
...the ground that the repealed statutes were penal rather than remedial. Ysn Hoffman v. Quiney, supra. "Confinement of the debtor may be a punishment for not performing his contract, or may be allowed as means of inducing him to perform it. But the state may refuse to inflict this punishment, or may withhold... | |
| Michigan. Supreme Court - 1880 - 696 páginas
...remedy given to enforce that obligation, has been taken at the bar and exists in the nature of things. Without impairing the -obligation of the contract,...modified, as the wisdom of the nation shall direct." It becomes important, then, to inquire what rights were conferred upon the plaintiff by this mortgage.... | |
| United States. Supreme Court - 1881 - 948 páginas
...legislature to enforce that obligation, has been taken at the bar and exists in the nature of things. Without impairing the obligation .of the contract...may be allowed as a means of inducing him to perform _it. But the State may refuse to inflict this punishment, or may withhold this means and leuve the... | |
| United States. Supreme Court - 1883 - 1240 páginas
...Legislature to erfforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract,...modified as the wisdom of the nation shall direct." This is the true principle laid down in explicit terms. The doctrine that the remedy constitutes a... | |
| United States. Supreme Court - 1883 - 408 páginas
...legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract,...nation shall direct. Confinement of the debtor may be apunish„ , ment for not performing *his contract, or may be allowed as a means J of inducing him... | |
| 1902 - 988 páginas
...and a remedy given by the legislature to enforce that obligation exists in the nature of things, and without impairing the obligation of the contract,...certainly be modified as the wisdom of the nation may direct." Sturgea v. Crouninshield, 4 Wheat. 122, 4 L. ed. 529. The judgment of the Court of Civil... | |
| 1900 - 1164 páginas
...In the case of Sturges v. Crowniugshield, 4 Wheat. 200, 4 L. Ed. 550, Chief Justice Marshall said: "Without impairing the obligation of the contract,...modified as the wisdom of the nation shall direct." In that case it was held that the remedy of imprisonment (which existed at common law) might be abolished... | |
| 1915 - 1234 páginas
...and a remedy given by the Legislature to enforce that obligation exists in the nature of things, and, without impairing the obligation of the contract,...certainly be modified as the wisdom of the nation may direct." In Waggoner v. Flack, 188 US 595, 23 Sup. Ct 345, 47 L. Ed. 609, it was held that where... | |
| 1884 - 1088 páginas
...legislature to enforce that obligation has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modifled as the wisdom of the nation shall direct." That laws affecting the remedy merely may be passed... | |
| Christopher Gustavus Tiedeman - 1886 - 722 páginas
...existing contracts the right to confine the debtor, and yet not impair the obligation of the contract. " Confinement of the debtor may be a punishment for not performing his contract, or may bo allowed us a means of inducing him to perform it. But tho State may refuse to inflict this punishment,... | |
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