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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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Logic and Experience: The Origin of Modern American Legal Education

William P. LaPiana - 1994 - 264 sider
...controversial statement of this view was made by Story himself in his opinion in Swift v. Tyson.. "[Cases] are, at most, only evidence of what the laws are; and are not of themselves law." 39 It seems to have been a commonplace, in fact, to admit that judges did fall into error and...
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A Dictionary of Modern Legal Usage

Bryan A. Garner - 2001 - 953 sider
...decision in part on the distinction between law and a law (or laws, in the plural): "In the ordinary use of language it will hardly be contended that the decisions...what the laws are; and are not of themselves laws." 41 US (16 Pet.) 1, 18 (1842). Accord, 2 Alexander M. Burrill, A Law Dictionary and Glossary 132 (2d...
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The Supreme Court and American Constitutionalism

Bradford P. Wilson, Ken Masugi - 1998 - 298 sider
...of the New York precedents arguably applicable here. Determining that "the decisions of courts . . . are, at most, only evidence of what the laws are, and are not of themselves laws," since such decisions "are often re-examined, reversed, and qualified by the courts themselves, whenever...
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A History of Banking in Antebellum America: Financial Markets and Economic ...

Howard Bodenhorn, Professor of Economics Howard Bodenhorn - 2000 - 260 sider
...v. Sumrall 2 Peters 68 (1829) for the relevant precedents. he wrote, "at most, only evidence of what laws are, and are not of themselves laws. They are...defective, or ill-founded, or otherwise incorrect." 127 As such the Court was not bound by the holdings of "local tribunals." The Court was only compelled...
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A Nation of States: Federalism at the Bar of the Supreme Court

Kermit L. Hall - 2000 - 446 sider
...relevant text, see supra note 83. of New York's courts on the issue of negotiability: In the ordinary use of language, it will hardly be contended, that the...what the laws are, and are not, of themselves, laws. . . . The laws of a state are more usually understood to mean the rules and enactments promulgated...
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American Legal Thought from Premodernism to Postmodernism: An Intellectual ...

Stephen M. Feldman - 2000 - 288 sider
...many cases imperfectly exemplify them. In the words of Joseph Story, "the decisions of Courts . . . are, at most, only evidence of what the laws are; and are not of themselves law.23 The degree to which American jurisprudents explicitly defined the Platonic relationship between...
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The Oxford Guide to United States Supreme Court Decisions

Kermit L. Hall - 2001 - 428 sider
..."laws" that federal courts were required to follow. Justice Joseph Story wrote: In the ordinary use of language, it will hardly be contended that the decisions of courts constitute laws. [Section 34 does not] . . . apply to questions of a more general nature, not at all dependant local...
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Law as a Means to an End: Threat to the Rule of Law

Brian Z. Tamanaha - 2006
...case Swift v. Tyson, which declared that federal courts must apply general common law, Story wrote "it will hardly be contended, that the decisions of...of what the laws are, and are not, of themselves, laws."11 The "true interpretation and effect" of commercial laws are to be found "in the general principles...
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Civilizing Authority: Society, State, and Church

Patrick M. Brennan - 2007 - 230 sider
..."[l]t will hardly be contended," Justice Joseph Story wrote for the Supreme Court in Swift v. Tt/stw,36 "that the decisions of courts constitute laws. They...what the laws are; and are not of themselves laws." So then what was that deeper or larger reality of which judicial decisions were merely "evidence"?...
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Judicial Jurisdiction: A Reference Guide to the United States Constitution

Patrick Baude - 2007 - 135 sider
...argued that "in the ordinary course of language, it will hardly be contended that the decisions of the courts constitute laws. They are, at most, only evidence of what the laws are; and are not of themselves laws.""3 The underlying premise of his argument, while debatable, is also understandable. On the latter...
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