 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
 | 1895 - 1190 pages
...to tlie contract." In Bank v. Sharp. 6 How. 301, it was said: "One of the tests that a contract h:is been impaired Is that its value has by legislation...impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligatiou, — dispensing with any part... | |
 | New York (State). Supreme Court. Appellate Division - 1916 - 1136 pages
...Constitution. (US Const, art. 1, § 10, subd. 1. See Edwards v. Kearzey, 06 US 595, and cases cited.) " One of the tests that a contract has been impaired...been diminished. It is not, by the Constitution, to te impaired at all. This is not a question of degree or manner or cause, but of encroaching in any... | |
 | 1896 - 1140 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.... | |
 | 1897 - 494 pages
...on the extent of the change which the law effects in the contract: Green v. Biddle, 8 Wheat. 1, 84. "One of the tests that a contract has been impaired...its value has by legislation been diminished. It is uot by the Constitution to be impaired at all. This is not a question of degree or manner or cause,... | |
 | Henry Campbell Black - 1897 - 860 pages
...material ; any impairment of the contract is unlawful. "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." • WHAT CONTRACTS ARE PROTECTED. 273. The "contracts" intended to 'be secured by this clause of the... | |
 | Washington (State). Supreme Court, Eugene Genroy Kreider - 1898 - 788 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 encroaching in any respect on its obligation — dispensing with any part of... | |
 | Abraham Clark Freeman - 1898 - 1050 pages
...Sharp, 6 How. 301, the United States supreme court said, touching the matter here under consideration: "One of the tests that a contract has been impaired...is not by the constitution to be impaired at all." Later the same court, speaking through Mr. Justice Swaine, say: "The remedy subsisting in a state when... | |
 | 1898 - 1200 pages
...prohibited by the constitution," — and that the test as to whether a contract has been impaired is whether its value has, by legislation, been diminished. It...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... | |
 | 1899 - 952 pages
...decision, is brought up by appeal or writ of error, p. 326. Obligation of contracts.— A contract is not, by the Constitution to be impaired at all....obligation — dispensing with any part of its force, p. 327. Cited with approval and variously applied in the following cases: Van Hoffman v. City of -Quiucy,... | |
 | 1900 - 1088 pages
...495. Constitutional law.—Without the remedy the contract , in the sense of law, ceases to exist, and one of the tests that a contract has been impaired...that its value has, by legislation, been diminished, pp. 552, 553. Cited and followed in Day v. Madden, 9 Colo. App. 469, 48 Pac. 1055, holding attachment... | |
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