 | Michigan - 1837 - 366 pages
...and well being of every community. And although a new remedy may be deemed lex eon venient than the old one, and may in some degree render the recovery...impair the obligation of the contract. But if that eft'ect is produced, it is immaterial whether it is done by acting on the remedy, or directly on the... | |
 | Michigan. Legislature - 1844 - 298 pages
...impair the rights and interests of a creditor. While it is conceded that whatever belongs exclusively to the remedy may be altered according to the will of the state, yet it is held the alteration must not impair the obligation of the contract. That effect can be produced... | |
 | 1847 - 554 pages
...and well-being of every community. And, although a new remedy may be deemed less convenient than the old one, and may in some degree render the recovery...the alteration does not impair the obligation of the Branson t». Kinzie et aL contract. But if that effect is produced, it is immaterial whether it is... | |
 | Alabama. Supreme Court - 1883 - 770 pages
...which affect its validity, construction, discharge, and enforcement." It has often been held, that whatever belongs merely to the remedy may be altered according to the will or the State, provided the alteration does not impair the obligation of the contract; and it is held... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1852 - 560 pages
...reasonable control of the legislature. There is no doubt, that whatever belongs to the remedy may bo altered according to the will of the state: provided,...alteration does not impair the obligation of the contract. This is the settled doctrine of the supreme court of the United States. 8 Wheaton 1 ; 1 Howard 3 1... | |
 | Metropolitan Society for the Protection of Private and Constitutional Rights (N.Y.) - 1855 - 196 pages
...Kinzie, 1 Howard's Rep. 311, and applying this principle to laws which impair the obligation of contract says : "Although a new remedy may be deemed less convenient...the alteration does not impair the obligation of the contracts ; but if that effect is produced, it is immaterial whether it is done by acting on the remedy... | |
 | Nathan Howard (Jr.) - 1856 - 612 pages
...Toynbee. agt. Kinzee, (1 How. Rep. 311.) and applying this principle to laws which impair the obligations of contracts, says : " Although a new remedy may be...the alteration does not impair the obligation of the contracts ; but if that effect is produced, it is immaterial whether it is done by acting on the remedy... | |
 | Richard Peters - 1860 - 836 pages
...by every sovereign, according to its own views of policy and humanity. Ibid. 85. Whatever belongs lo the remedy may be altered according to the will of the state, proviil^! the alteration does not impair the obhga„ion of the contract. But if that effect is produced,... | |
 | Iowa. Supreme Court - 1864 - 670 pages
...without acting on the obligation." In Branson \. Kinzie, 1 How., 311, it is said that: "Whatever belongs to the remedy may be altered according to the will...the State, provided the alteration does not impair tfie obligation of the contract. But if that effect is produced, it is immaterial whether it is done... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1864 - 624 pages
...which we have referred, relates to the remedy which, as has been often decided, "may be altered at the will of the State, provided the alteration does not impair the obligation of the contract." How then stands the act in question? True, it deprives the obligors of the bond of the benefit of a... | |
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Kinzie et aL contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution. 
