 | Law - 1843 - 530 pages
...constitutional interdiction of legislative acts impairing the obligation of contracts. The obligation is created by the public law, subject to the public will,...breach of the contract by the other, it is undoubtedly judicial.1 The next question, what is the exact import of the term " obligation," is perhaps not quite... | |
 | James Kent - Law - 1851 - 706 pages
...marriage to be sui generis, and unlike ordinary or commercial contracts. It was publici juris, and created by the public law, subject to the public will, and not to that of the parties, who could not dissolve it by mutual consent. It was much more than a contract. It established fundamental... | |
 | Law - 1849 - 604 pages
...Court, in the case of McGuire vt. McGuire, 7 Dana, 184, that " so far as the dissolution of a marriage may be for the public good, it may be the exercise...one of the parties, in consequence of a breach of contract by the other, it is undoubtedly judicial. And when thus altogether judicial, it may be beyond... | |
 | Joel Prentiss Bishop - Divorce - 1852 - 782 pages
...constitutional interdiction of legislative acts impairing the obligation of contracts. The obligation is created by the public law, subject to the public will, and not to that of the parties."1 ยง 35. So in the supreme court of Tennessee it was observed, " By the English canon and... | |
 | James Kent - Law - 1854 - 714 pages
...of marriage to be nu generit, and unlike ordinary or commercial contracts. It was publici jurit, and created by the public law, subject to the public will, and not to that of the parties, who could not dissolve it by mutual consent. It was much more than a contract It established fundamental... | |
 | James Kent - Law - 1858 - 732 pages
...marriage to he sui generis, and unlike ordinary or commercial contracts. It wus liablifi juris, and created by the public law, subject to the public will, and not to thut of the parties, who could not dissolve it by mutual consent. It was much more than a contract.... | |
 | Theophilus Parsons - Consideration (Law) - 1866 - 810 pages
...constitutional interdiction of legislative acts impairing the obligation of contracts. The obligation is created by the public law, subject to the public will,...legislative function ; but so far as it may be for tha benefit of one of the parties, in consequence of a breach of a contract by the other, it is undoubtedly... | |
 | Ransom Hebbard Tyler - Children - 1868 - 984 pages
...constitutional interdiction of legislative acts impairing the obligation of contracts. The oblijation is created by the public law, subject to the public will, and not to that of the parties." (Maguire v. Maguire, 1 Dana's J?. 181,183.) So, the judge who delivered the opinion of the conrt of... | |
 | Law - 1876 - 672 pages
...constitutional interdiction of legislative acts impairing the obligation of contracts. The obligation is created by the public law, subject to the public will, and not to that of the parties." 1 So, in the Supreme Court of Tennessee, it was remarked, " By the English canon and ecclesiastical... | |
 | James Kent, Charles M. Barnes - Law - 1884 - 882 pages
...marriage to be sui generis, and unlike ordinary or commercial contracts. It was public! juris, and created by the public law, subject to the public will, and not to that of the parties, who could not dissolve it by mutual consent. It was much more than a contract. It established fundamental... | |
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And therefore marriage, being much more than a contract, and depending essentially on the sovereign will, is not embraced by the constitutional interdiction of legislative acts impairing the obligation of contracts. The obligation is created by the public... 
