 | 1841 - 570 pages
...cannot be recalled by the most absolute power. When, then, a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights." What then, we argue, the whole legislature cannot do, still less can a... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 708 pages
...an act which another legislature was competent to pass, as to usual legislation, yet, when a law is in its nature a contract, and absolute rights have vested under that contract, a repeal of the law cannot divest those rights. (D) How long a Statute continues in Force. Some parts of magna charla,... | |
 | United States. President - Presidents - 1846 - 766 pages
...description throughout the state. — Id., 436. • Where a law is in its nature a contract. where absolute rights have vested under that contract, a repeal of the law can not divest those rights. — Fletcher vs. Peck, 6 Cranctt, 88. A party lo a contract can not pronounce... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...Fletefier v. Pcck,(a) the rule is recognized, that where a law is in the nature of a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights, and that a partvto a contract, although it might be a sovereign state,... | |
 | James Kent - Law - 1851 - 706 pages
...1795, and rescind the sale made under it. *The court declared, that when a law was in its nature *414 a contract, and absolute rights have vested under that contract, a repeal of the law could not divest those rights, nor annihilate or impair the title so acquired. A grant was a contract... | |
 | United States. Supreme Court - Law reports, digests, etc - 1851 - 680 pages
...the franchise was granted. It is true, also, that when a law is in the nature of a contract or grant, and absolute rights have vested under that contract, a repeal of the law cannot divest Woodruff v. Trapnall. those rights. But the plaintiffs in this case are not corporators,... | |
 | California. Legislature. Assembly - 1853 - 1292 pages
...is a fact, and cannot cease to bo a fact." " When, then, a law is in its nature a contract, — when absolute rights have vested under that contract, — a repeal of the law cannot divest those rights; and the Act of annulling them, if legitimate, is rendered so by a power... | |
 | James Kent - Law - 1854 - 714 pages
...arrest the legislature itself In passing the law. Opiniont of the Attorneys-General, tol i. 507, 608. a contract, and absolute rights have vested under that contract, a repeal of the law could not divest those rights, nor annihilate or impair the title so acquired. A grant was a contract... | |
 | George Van Santvoord - Judges - 1854 - 554 pages
...shaken, that a grant of lands is a contract within the meaning of the Constitution, and that when a State law was in its nature a contract, and absolute rights have vested under it, a repeal of the law could not divest these rights, or impair the title so acquired. " Since then,... | |
 | George Ticknor Curtis - Constitutional law - 1854 - 674 pages
...judgment of the Supreme Court of Pennsylvania in the present case." in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights j1 and in the case of the Charles River and Warren Bridges, it was said... | |
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When, then, a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights... 
