 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
 | 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 - 1880 - 704 pages
...embraces alike those %vhich affect its validity, construction, discharge, and enforcement. * * * "•' One of the tests that a contract has been impaired...is not by the constitution to be impaired at all. This'is uot a question of degree or manner or cause, but of encroaching in any respect on its obligation,... | |
 | United States. Supreme Court - 1883 - 890 pages
....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 any part of its foi-ce." 6 id. 301, 327. In Murray v. Charleston the court cited with approval the language of a previous... | |
 | 1883 - 1674 pages
...measuring the obligation to be performed by one party, and the rights acquired by the other; and that one of the tests that a contract has been impaired is that its value has been diminished, when the constitution prohibits auy impairment at all of its obligation. Green v.... | |
 | United States. Supreme Court - 1884 - 666 pages
...measuring the obligation to be performed by one party, and the rights acquired by the other ; and that one of the tests that a contract has been impaired is that its value has been diminished, when the Constitution prohibits any impairment at all of its obligation. Green v.... | |
 | 1895 - 1140 pages
...vigore, but In tho law applicable to the contract." In Bank v. Sharp, 6 How. 301, it was said: "Oneof the tests that a contract has been impaired Is that its value has by législation Ix'üu diminished. It is not by the constitution to be impaired at all. This is not a... | |
 | 1885 - 892 pages
...largest and least are alike forbidden. Von Hoffman v. Quiucy, 4 Wall., 5ÜÖ (^ 1877-82). ¡i 1737. One of the tests that a contract has been impaired...value has by legislation been diminished. It is not a question of degree or manner. Planters' Bank v. Sharp, 0 How., 801 (§}S 2177-87). S 173.4 Law in... | |
 | John Norton Pomeroy - 1886 - 800 pages
...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...impaired at all. This is not a question of degree, or manner, or cause, but of encroachment in any respect on its obligation, — dispensing with any part... | |
 | Thomas McIntyre Cooley - 1886 - 1100 pages
...agreement, it impairs the contract, though it may not do so to the same extent in all the supposed cases.3 It is not by the constitution to be impaired at all....on its obligation ; dispensing with any part of its force.4 There is no room for any question, therefore, that when the state has stipulated by contract... | |
 | 1889 - 1132 pages
...in the case of Bank v. Sharp, 6 How. 301: "One of the tests that acontract has been impaired isthat its value has by legislation been diminished. It is...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... | |
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