Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia from (Volume 67)
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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia from (Volume 67)

Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia from (Volume 67)


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910. Excerpt: ... CHARLESTON. Coal & Coke Ry. Co. V. Conley And Avis. Decided March 8, 1910. 1. States--Actions Against. There is no difference between courts of law and courts of equity, In respect to their inability to entertain a proceeding against the state. 2. Same. Interest on the part of the state, in the subject matter of a suit to which it is not a formal party upon the record, must be immediate and direct, not merely incidental or consequential, to bring such suit within the inhibition of section 35 of Art. VI of the Constitution, declaring "The State of West Virginia shall never be made defendant in any court of law or equity." 3. Same--Action Against States--Direct Interest. The interest of the state In the penalties, prescribed by a statute, limiting the charges of railroad companies for transportation of passengers, does not constitute an immediate and direct interest in a suit brought by a railroad company to have such statute declared unconstitutional and void. It is sequential and indirect. 4. Same--Interest of State. In such a suit, the real issue is whether the complainant is entUled to charge a higher rate than that prescribed, and amounts to a controversy between citizens over the validity of a law, analogous to that which arises on a writ of habeas corpus. 5. Same. On an issue between a citizen and an officer, involving the constitutionality of a law, the state, considered an ideal, intangible person, as contradistinguished from the state government, its agent, stands neutral, impartial and inactive, deeming the citizen and the government equally within the protection of the organic law and not favoring either as against the other. 6. Same--Acts of Officers--Liability of State. The officers of a state act in a representative capacity and bind it by th...


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Product Details
  • ISBN-13: 9781153835398
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 294
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1153835398
  • Publisher Date: 04 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 531 gr


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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia from (Volume 67)
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