 Whatever belongs merely to the remedy may be altered according to the will of the state, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy...  American law reports annotated - Page 2271925Full view - About this book
 | 1886 - 900 pages
...recovery of debts more tardy and difficult, yet it will not follow that the law is unconstitutional. Whatever belongs merely to the remedy may be altered...on the remedy, or directly on the contract itself. In either case, it is prohibited by the constitution." In accordance with the principles here laid... | |
 | California. Supreme Court - 1886 - 728 pages
...Mitchell, 53 Gal. 289.) The constitution does not prohibit the Legislature from enlarging the remedy. Whatever belongs merely to the remedy may be altered according to the will of the Legislature. It is conceded that the word " prohibition " is used in the Constitution in its common-law... | |
 | 1887 - 890 pages
...without acting on the 'obligation.'" In Branson v. Kinzie, 1 How. 311, it is said that "whatever belongs to the remedy may be altered according to the will...on the remedy, or directly on the contract itself. In either case, it is prohibited by the constitution." And in Sturgee v. Crowninshield, 4 Wheat. 122,... | |
 | Thomas McIntyre Cooley - 1890 - 1014 pages
...But the changes in these laws arc not regarded as necessarily affecting the obligation of contracts. Whatever belongs merely to the remedy may be altered...to the will of the State, provided the alteration docs not impair the obligation of the contract ; 2 and it does not impair it, provided it leaves the... | |
 | Jabez Gridley Sutherland - 1891 - 836 pages
...Morse v. Goold, 11 NY 217. 281 ; Hill v. Kossler, 03 NC 437 ; Mar- i Louisiana v. New Orleans, 102 •altered according to the will of the state, provided...on the remedy, or directly on the contract itself. In either case it is prohibited by the constitution." i In McCracken v. Hay ward 3 it was held that... | |
 | Jere Baxter - 1891 - 562 pages
...right itself, cannot be regarded as beyond the province of legislation." See cases cited in notes. " Whatever belongs merely to the remedy may be altered...alteration does not impair the obligation of the contract." Bronson v. K'mzie, 1 How., 316. And it does not impair it, provided it leaves the The State and S.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1891 - 694 pages
...materially restricted would, to that extent, impair the obligation of the contract. Cooley Const. Lira. 350. Whatever belongs merely to the remedy may be altered according to the will of the statute, provided the alteration does not impair the obligation of the contract. Cooley Const. Lira.... | |
 | Oregon - 1892 - 1164 pages
...v. Lamp/lire, 3 Id. 329. And laws relating to divorces: Dartmouth College v. Woodward, 4 Wheat. G29. Whatever belongs merely to the remedy may be altered...to the will of the state, provided the alteration do not impair the obligation of the contract; but if that effect be produced, it is immaterial whether... | |
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