 One of the tests that a contract has been impaired is that its value has, by legislation, been diminished. It is not, by the Constitution, to be impaired at all. This is not a question of degree or cause, but of encroaching, in any respect, on its obligation...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 301by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, William S. Dalton, Alonzo Blair Irvine, H. Arnold Rich, Harmel L. Pratt - 1903Full view - About this book
 | New York (State). Legislature. Assembly - 1851 - 1064 pages
...An act is null whenever it i« construed to conflict with prior rights obtained under a contract." " One of the tests that a contract has been impaired,...impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligation dispensing with any part of its... | |
 | Levi Woodbury - 1852 - 444 pages
...restricted ; and these, of course, impair it. (Society for Propagating the Gospel v. Wheeler, 2 Gall. 139.) One of the tests that a contract has been impaired...impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligation, dispensing with any part of its... | |
 | Levi Woodbury - 1852 - 446 pages
...restricted ; and these, of course, impair it. (Society for Propagating the Gospel v. Wheeler, 2 Gall. 139..) One of the tests that a contract has been impaired...impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligation, dispensing with any part of its... | |
 | Levi Woodbury - 1852 - 435 pages
...diminished. It is not, by the constitution, to be impaired at all. This is not a question of degree or manner or cause, but of- encroaching in any respect on its obligation, dispensing with airy part of its force. (The Commercial Bank of Rodney v. The State of Mississippi, 4 Smedes & Marshall,... | |
 | California. Legislature. Assembly - 1856 - 968 pages
...its value has by Legislature l,cen diminished. This is not a question of degree, or manuer, or canse, but of encroaching in any respect on its obligation, dispensing with any part of its force, so if the obligation of a contract is to be regarded us the duty imposed by it, here the duty imposed... | |
 | California. Legislature. Assembly - 1856 - 976 pages
...valne has by Legislatnre been diminished. This is not a qnestion of degn e, or maaner, or canse, bnt of encroaching in any respect on its obligation, dispensing with any part of its force, so if the obligation of a contract is to be regarded as the dnty imposed by it, heie the dnty imposed... | |
 | United States. Supreme Court - 1867 - 732 pages
...the consent of the surety, the latter is discharged, although the change was for his advantage." " One of the tests that a contract has been impaired...obligation — dispensing with any part of its force."* This has reference to legislation which affects the contract directly, and not incidentally or only... | |
 | Georgia. Supreme Court - 1869 - 812 pages
...obligation which is guaranteed by the Constitution against invasion." Again, the Court, say in that case, " one of the tests that a contract has been impaired is, that its valve has, by legislation, been diminished. It is not, by the Constitution, to be impaired al all.... | |
 | North Carolina. Supreme Court - 1878 - 760 pages
...owner, they are just as much a violation of the compact as if they overturned his rights and interests." "One of the tests that a contract has been impaired is that iti talnc has by legislation been diminished. It is not by the constitution to be impaired at all.... | |
 | Georgia. Supreme Court - 1870 - 858 pages
...attached to an old contract, and its value and usefulness restricted, and these of course impair it. One of the tests that a contract has been impaired...impaired at all. This is not a question of degree, or manner, or cause, but of encroaching in any respect on it? obligation, dispensing with any part of... | |
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