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" In the ordinary use of language, it will hardly be contended that the decisions of courts constitute laws. They are, at most, only evidence of what the laws are, and are not of themselves laws. "
Federal Decisions: Cases Argued and Determined in the Supreme, Circuit and ... - Side 537
1884
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United States Reports, Supreme Court: Cases Argued and ..., Volum 12;Volum 102

United States. Supreme Court - 1881
...decisions of the courts constitute laws, adding that, at most, they are only evidence of what the law is, and are not of themselves laws. They are often re-examined,...either defective or ill-founded or otherwise incorrect. His views were that the laws of a State are more usually understood to be the rules and enactments...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Bok 26

United States. Supreme Court - 1885
...includes within the scope of its meaning the decisions of the local tribunals. In the ordinary use 7 N z E A\ YZ| H 1 `z Ξ qh C &... L '7 LV K8 ƶ j6 m3N #Z 6f C arc, and are not, of themselves, laws. They are often re-examined, reversed, and qualified by the courts...
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Harvard Law Review, Volum 21

1908
...v. Baugh. 5 In the former case Mr. Justice Story expresses the opinion 6 that: " In the ordinary use of language it will hardly be contended that the decisions...defective or ill-founded, or otherwise incorrect" As a corollary to this doctrine it follows that judges do not properly, in the exercise of their judicial...
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Report of Proceedings of the ... Annual Session of the Georgia Bar ..., Volum 17

Georgia Bar Association - 1901
...by Judge Story in Swift r. Tyson (16 Peters, 110), where he says: "It will hardly b'e contended that decisions of courts constitute laws. They are, at...themselves whenever they are found to be either defective, ill-founded or otherwise incorrect." Yet, as to this, there has been conflict in the Federal judiciary,...
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Commentaries on the Laws of England ...

William Blackstone - 1890
...supreme court of the United States decided that they were not, saying by Story, J.: " In the ordinary use of language it will hardly be contended that the decisions of courts constitute laws. The3- are at most only evidences of what the laws are, and are not of themselves laws. They are often...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volum 44

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1893
...enunciations as to what the law is. As is said in Swift v. Tyson, 16 Peters, 1: " In the ordinary use of language it will hardly be contended that the decisions...defective, or illfounded, or otherwise incorrect." Even a series of decisions are not conclusive evidence of what is law. 1 Kent's Com., 477; Hulton v....
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Notes on the united states reports, Volum 4

1899
...holding burden of proof shifted if maker proved fraud in procurement. The decisions of courts do not constitute laws. They are at most only evidence of...what the laws are, and are not of themselves laws, p. 18. Cited in Coleman v. Newby, 7 Kan. 92, holding courts can never, in any manner, make laws; Phelps...
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumer 61-62

1900
...law itself is nothing but reason; " but, as Judge Story observed in Swift v. Tyson (16 Pet. i, 18). " it will hardly be contended that the decisions of...They are at most only evidence of what the laws are." It is very clear that upon the subject of negligence we have a large amount of worse than worthless...
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A Selection of Cases on the Conflict of Laws, Volum 1

Joseph Henry Beale - 1900
...includes within the scope of its meaning the decisions of the local tribunals. In the ordinary use of language it will hardly be contended that the decisions of courts constitute laws. 'J'liey are, at most, onlv evidence of what the laws are; and are not of themselves laws. They are...
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A Treatise on the Rights and Privileges Guaranteed by the Fourteenth ...

Henry Brannon - 1901 - 562 sider
...contracts. "Law" is the same in both cases. In Swift v. Tyson47 Justice Story said: "In the ordinary use of language it will hardly be contended that the decisions...evidence of what the laws are ; and are not of themselves law. They are often re-examined, reversed and qualified by the courts themselves whenever they are...
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