 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.  Harvard Law Review - Page 1421908Full view - About this book
 | Commercial law - 1847 - 554 pages
...local tribunals. In the ordinary use of language, it will hardly he contended that the Swift w. Tyson. decisions of courts constitute laws. They are, at...defective, or ill-founded, or otherwise incorrect. The laws of a State are more usually understood to mean the rules and enactments promulgated by the... | |
 | Alexander Mansfield Burrill - Law - 1851 - 570 pages
...thereof, or long established local customs having the force of laws." 16 Peters' R. 18. Hence he argues, " in the ordinary use of language, it will hardly be...contended that the decisions of courts constitute laws." Id. ibid. But though it be incorrect to speak of a judicial decision as " a law," or to call any aggregate... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 696 pages
...laws," in this section, includes within the scope of its meaning the decisions of the local tribunals. In the ordinary use of language, it will hardly be...defective, or ill-founded, or otherwise incorrect The laws of a State are more usually understood to mean the rules and enactments promulgated by the... | |
 | Alfred Conkling - Court rules - 1864 - 950 pages
...decisions of the local tribunals, CHAP. 8. whereas, according to the ordinary use of language, it could hardly be contended that the decisions of courts constitute...are, at most, only evidence of what the laws are, and not of themselves laws. The laws of a state are most usually understood what constatutes the to mean... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 700 pages
...laws," in this section, includes within the scope of its meaning the decisions of the local tribunals. In the ordinary use of language, it will hardly be...are, and are not of themselves laws. They are often it.examined, reversed, and qualified by the courts themselves, whenever they are found to be either... | |
 | Law - 1880 - 554 pages
...its meaning the decisions of the local tribunals. In the ordinary use of language it will hardly bo contended that the decisions of courts constitute...are, at most, only evidence of what the laws are, and not of themselves laws. They are often re-examined, reversed, aud qualified by the courts themselves,... | |
 | Alexander Mansfield Burrill - Dictionaries, Law - 1870 - 674 pages
...or long-established local customs having the force of laws." 1 0 Peters' R. 1 8. Hence he argues, " in the ordinary use of language, it will hardly be...contended that the decisions of courts constitute laws." Id. ibid. In this, he follows Sir Matthew Hale, who observes — " It is true, the decisions of courts... | |
 | John Innes Clark Hare - Civil procedure - 1871 - 952 pages
...laws," in this section, includes within the scope of its meaning the decisions of the local tribunals. In the ordinary use of language it will hardly be...defective, or ill-founded, or otherwise incorrect. The laws of a State are more usually understood to mean the rules and enactments promulgated by the... | |
 | John Bouvier - Law - 1874 - 746 pages
...thereof, or long-established .local customs huving the force of laws." 16 Pet. 18. Hence, he argues, " in the ordinary use of language it will hardly be...contended that the decisions of courts constitute laws." In the Civil Code of Louisiana they are defined to be "the solemn expression of the legislative will."... | |
 | Law reports, digests, etc - 1875 - 788 pages
...laws,' in this section, includes within the scope of its meaning the decisions of the local tribunals. In the ordinary use of language it will hardly be...defective, or ill-founded, or otherwise incorrect. The laws of a state are more usually understood to mean the rules and enactments promulgated by the... | |
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