The Encyclopedic Digest of Virginia and West Virginia Reports: Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports, Volum 11

Thomas Johnson Michie
Michie Company, 1907

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Side 137 - Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court.
Side 65 - ... by virtue of a contract with the owner or his authorized agent, shall have a lien...
Side 182 - ... need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.
Side 261 - ... may plead as many several matters, whether of law or fact, as he shall think necessary...
Side 417 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Side 466 - A public office is the right, authority and duty, created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public.
Side 196 - Corporations are to be deemed and considered as •persons,' when the circumstances in which they are placed are identical with those of natural persons expressly included in such statutes.
Side 18 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Side 405 - Like all other extraordinary remedies, prohibition is to be resorted to only in cases where the usual and ordinary forms of remedy are insufficient to afford redress. And it is a principle of universal application, and one which lies at the very foundation of the law of prohibition, that the jurisdiction is strictly confined to cases where no other remedy exists; and it is always a sufficient reason for withholding the writ, that the party aggrieved has another and complete remedy at law.
Side 245 - If the plaintiff allege a condition subsequent to his estate, he need not aver performance, but the breach must be shown by the defendant ; and matter in defeasance of the action need not be stated ; and wherever there is a circumstance, the omission of which is to defeat the plaintiff's right of action, prima facie well founded, whether called by the name of a proviso or a condition subsequent, it must in its nature be a matter of defence, and ought to be shown in pleading by the opposite party...

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