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action Affirmed amendment ANDREW PRICE apply attorney authority B. M. AMBLER Bar Association Barbour County bill Cabell County cause Chairman chancery charge Chief Justice circuit court circuit judges coal Code committee common law Company Law Constitution contract conveyance corporation County Court of Appeals court of equity criminal damages debt decision declaration decree deed defendant duty Eminent Domain enacted equity error evidence execution fact give granted Harrison County husband indictment injury interest John Judge Doolittle judgment judicial jurisdiction jury Kanawha County land lawyer legislation legislature Marion County matter McDowell County ment Miller opinion ordinary expenses Parkersburg party person plaintiff Poffenbarger practice President procedure profession purchase purpose question railroad reason reform Reversed rule statute suit Supreme Court SYLLABUS thereof tion trial verdict Virginia Bar Association vol 9 West Virginia wife
Page 51 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Page 20 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void; and therefore in 8 E.
Page 33 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language which would avoid results of this character.
Page 28 - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
Page 23 - The sovereignty of a State extends to everything which exists by its own authority, or is introduced by its permission;" but not "to those means which are employed by congress to carry into execution powers conferred on that body by the people of the United States.
Page 6 - When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.
Page 21 - that whoever drew blood in the streets should be punished with the utmost severity,' did not extend to the surgeon who opened the vein of a person that fell down in the street in a fit.
Page 29 - There is certainly, without any exception, no profession in which so many temptations beset the path to swerve from the line of strict integrity ; in which so many delicate and difficult questions of duty are constantly arising.
Page 35 - ... office, or to remunerate policemen, court or prison officials, physicians, hospital attaches or others who may succeed, under the guise of giving disinterested friendly advice, in influencing the criminal, the sick and the injured, the ignorant or others, to seek his professional services. A duty to the public and to the profession devolves upon every member of the Bar having knowledge of such practices upon the part of any practitioner immediately to inform thereof, to the end that the offender...