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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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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...only evidence of what the laws are ; and are not of themtelves law. They are often re-examined, reversed and qualified by the courts themselves whenever...
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The Moral Law: Or, The Theory and Practice of Duty; an Ethical Text-book

Edward John Hamilton - 1902 - 464 sider
...Court of the United States respecting judicial decisions, he says: "They are at most only evidences of what the laws are and are not of themselves laws....defective or ill-founded, or otherwise incorrect." ( SWIFT v. TYSON, 16 Pet. 1.) " The law," evidenced by recorded decisions, has only an ideal existence...
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Decisions of the Department of the Interior in Appealed Pension ..., Volum 13

United States. Department of the Interior - 1903
...to the laws" of the place where the parties resided. laws. The decisions of courts are, they say, " at most only evidence of what the laws are, and are not of themselves laws." The Supreme Court has held also that the decision of a State court was not, as such, under the Constitution,...
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Judicial and Statutory Definitions of Words and Phrases, Volum 5

1904 - 7839 sider
...section includes within the scope of its meaning decisions of the local tribunals. In the ordinary use of language It will hardly be contended that the decisions...what the laws are, and are not of themselves laws. The laws of a state are more usually understood to шеап the rules and enactments promulgated by...
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Jurisprudence, Law and Ethics: Professional Ethics

Edgar Benton Kinkead - 1905 - 381 sider
...or long-established local customs having the force of laws." It is said that, "in the ordinary use of language it will hardly be contended that the decisions of courts constitute laws." (Justice Story in Swift v. Tyson, 16 Peters, 1, 18.) "Law ... is the collective and appropriate name...
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United States Constitutional History and Law

Albert H. Putney - 1908 - 599 sider
...United States courts were not obliged to regard the decisions of the State courts, the Court saying : "They are at most only evidence of what the laws are,...themselves laws. They are often re.examined, reversed and qualitied by the courts themselves, whenever they are found to be either defective, or ill.founded,...
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The Nature and Sources of the Law

John Chipman Gray - 1909 - 332 sider
...wishes to depart from the State deci^ sions, it says, with Judge Story, that the decisions of courts " are, at most, only evidence of what the Laws are, and are not of themselves Laws." On the other hand, when the court is about to follow the decision of the State court, it says: "Inasmuch...
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The Nature and Sources of the Law

John Chipman Gray - 1909 - 332 sider
...it was by Story, J., in Swift v. Tyson, 1 adopting the Blackstonian theory : " In the ordinary use of language it will hardly be contended that the decisions of Courts constitute laws." These particular consequences of Blackstone's theory are hardly such as to recommend the theory itself....
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United States Reports, Supreme Court: Cases Argued and Adjudged in ..., Volum 12

United States. Supreme Court - 1910
...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...ill-founded, or otherwise incorrect. The laws of a State are raore usually understood to mean the rules and enactments promulgated by the legislative authority...
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Political science quarterly, Volum 25

1910
...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...whenever they are found to be either defective or ill founded or otherwise incorrect. The laws of a state are more usually understood to mean the rules...
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