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
| 1899 - 1226 pages
...1 Blackf. 3li; Thornton, v. Turner, 11 Minn. a'M (Gil. 237); Berry v. Ransdall, 4 Mete. (Ky.) 2!)2. "Whatever belongs merely to the remedy may be altered...to the will of the state, provided the alteration doe« not impair the obligation of the contract. But, if that effect is produced, it is immaterial... | |
| 1899 - 952 pages
...contract.— The remedy given for the enforcement of a contract may be altered at the will of the legislature, provided the alteration does not impair the obligation of the contract: but if the obligation is thereby impaired, the act of the legislature is as much a violation of the Constitution... | |
| 1901 - 1300 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." Oeditors as well as debtors are presumed to... | |
| Washington (State). Supreme Court, Eugene Glenroy Kreider - 1901 - 884 pages
...court, in Bettman v. Cowley, supra, quotes with approval from Branson v. Kinzie, 1 How. 311, as follows: "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."1 ' This authority holds that it is immaterial... | |
| 1901 - 1264 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." This subject received renewed careful attention... | |
| Abraham Clark Freeman - 1901 - 1072 pages
...more tardy and difficult, yet it will not follow that the law is unconstitutional. Whatever belongs to the remedy may be altered according to the will...of the contract. But if that effect is produced, it i* immaterial whether it is done by acting on the remedy or directly on the contract itself" : See,... | |
| United States. Supreme Court - 1901 - 1416 pages
...a regulation of the remedy and did not directly affect the contract; and Cbief Justice Taney said: "Whatever belongs merely to the remedy may be altered according to the will of the state, provided tbe alteration does not impair tin- dlil is;. .lion of the contract. But if that effect is produced,... | |
| 1901 - 758 pages
...affecting the obligation of contracts. Whatever belongs merely 182 to the remedy, may *be altered at the will of the State ; provided the alteration does not impair the obligation of the contract. And it does not impair it, provided it leaves to the party a substantial remedy, according to the course... | |
| Abraham Clark Freeman - 1901 - 1070 pages
...LAW-CHANGING REMEDY-IMPAIRING CONTRACT.— Whatever belongs to the remedy may be altered at the pleasure of the state, provided the alteration does not Impair the obligation of the contract, even though the new remedy Is less convenient and more difficult than the old one. MECHANIC'S LIEN... | |
| Abraham Clark Freeman - 1902 - 1028 pages
...case is affirmed. Constitutional Law.— Whatever belongs to the remedy may he altered at the pleasure of the state, provided the alteration does not impair the obligation of contracts: Wilson v. Simon, 91 Md. 1, 80 Am. St. Rep. 427, 45 Atl. 1022; Klrkman v. Bird, 22 Utah.... | |
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