 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
 | John Norton Pomeroy - 1886 - 764 pages
...Constitution to be 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 of its force." Planters' Bank v. Sharp, et al. 6 How. 301. It is to be understood that the encroachment thus denounced... | |
 | 1887 - 866 pages
...itself. Id. 6. EXISTING LAWS ENTER INTO AND FORM PART or EVEBY CONTRACT. Id. 6. ONE TEST or CONTRACT THAT HAS BEEN IMPAIRED is, that its value has, by legislation, been diminished. Id. 7. LAW AUTHORIZING STAY OF EXECUTION, without the assent of the plaintiff for any considerable... | |
 | John Innes Clark Hare - 1888 - 764 pages
...without 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,...but of encroaching in any respect on its obligation, or dispensing with any part of its force." 1 If the effect is produced, it matters not by what means,... | |
 | 1916 - 1216 pages
...Constitution. Const. US art. 1, § 10. See Edwards v. Kearzey, 96 US 595, 24 L. Ed. 793, and cases cited. "One of the tests that a contract has been impaired...diminished. It is not, by the Constitution, to be impaired. * * * This is not a question of degree, manner, or cause, but of encroaching in any respect on its... | |
 | Abraham Clark Freeman - 1890 - 998 pages
...enable its owner to enforce it. Thus it was said in the case of Planters' Bank v. Sharp, 6 How. 301: " 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... | |
 | North Carolina. Supreme Court - 1890 - 618 pages
...nothing is more important than the means of enforcement. This is the breath of its vital existence. * * * One of the tests that a contract has been impaired...that its value has by legislation been diminished. Ibid, 600 and 601. Upon the principle to which we have already adverted, the plaintiff in execution... | |
 | Abraham Clark Freeman - 1890 - 990 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 any part of its force." The doctrine is also there asserted, that if, in professing to alter the remedy only, the rights of... | |
 | Andrew Jackson Baker - 1891 - 378 pages
...the constitutional inhibition. Louisiana v. New Orleans, 102 US 203. 39. Test, diminished value.— 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... | |
 | William Amasa Scott - 1893 - 344 pages
...enforce them, or encumbered it with conditions that rendered it useless or impracticable to pursue 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 its obligation, dispensing with any part of its... | |
 | William Amasa Scott - 1893 - 344 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 any part of its force." 1 The intent of the Court to preserve the clause with all its force was well expressed by Justice Strong... | |
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