 | Henry Brannon - 1901 - 596 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... | |
 | Edward John Hamilton - 1902 - 492 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... | |
 | United States. Department of the Interior - 1903 - 612 sider
...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,... | |
 | 1904 - 980 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... | |
 | Edgar Benton Kinkead - 1905 - 496 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... | |
 | Albert Hutchinson Putney - 1908 - 608 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,... | |
 | John Chipman Gray - 1909 - 360 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... | |
 | John Chipman Gray - 1909 - 360 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.... | |
 | United States. Supreme Court - 1910 - 826 sider
...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... | |
 | 1910 - 780 sider
...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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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. 
