The Common Law includes those principles, usages, and rules of action applicable to the government and security of person and property which do not rest for their authority upon any express and positive declaration of the will of the legislature. Commentaries on American Law - 469. lappuseautors: James Kent - 1832Pilnskats - Par šo grāmatu
| Henry Wheaton - 1834 - 186 lapas
...existence of a common law right in the author. The common law, says an eminent jurist, (2 Kenfs Com. 471.) includes those principles, usages, and rules of action,...positive declaration of the will of the. legislature. A great proportion of the rules and maxims, which constitute the immense code of the common law, grew... | |
| Samuel Warren - 1845 - 1174 lapas
...us to be at once the most terse, comprehensive, and satisfactory of any which we have seen : — " The Common Law includes, those principles, usages,...authority upon any express and positive declaration of the ivill of the legislature." This at once points to the grand distinction between Common Law and Statute... | |
| John Jane Smith Wharton - 1848 - 726 lapas
...The common law includes those principles, usajes, and rules of action, applicable to the fofernment and security of person and property, which do not rest for their authority upon any express or positive declaratiou of llie will of the legislature. This at once marks the leading distinction... | |
| James Kent - 1851 - 706 lapas
...the statutes in his 2d Institutes, as far as it extends, U essentially incorporated. the common law. LECTURE XXI. OF REPORTS OF JUDICIAL DECISIONS. HAVING...According to the observation of an eminent English judge,a statute law is the will of the legislature in writing, and the common law is nothing but statutes... | |
| Joel Prentiss Bishop - 1852 - 782 lapas
...United States than in England. And Chancellor Kent well defines the common law, as including all " those principles, usages, and rules of action, applicable...positive declaration of the will of the legislature." 4 But aside from these general considerations, it has been expressly ruled in England that the matrimonial... | |
| James Kent - 1854 - 714 lapas
...Institutes, as far as it extends, is essentially incorporated. LECTURE XXI. OF REPORT8 OF JUDICIAL DECI8ION8. HAVING considered the nature and force of written...According to the observation of an eminent English judge,* a statute law is the will of the legislature in writing, and the common law is nothing but statutes... | |
| Joel Prentiss Bishop - 1858 - 1012 lapas
...by the context. Perhaps the sense most appropriate is the one stated by Chancellor Kent; thus, — "The common law includes those principles, usages,...positive declaration of the will of the legislature." a The expression so interpreted denotes something more in the "United States than in England ; for... | |
| James Kent - 1860 - 748 lapas
...exposition of the statutcs, in his 2d Institutes, as far as it extends, is essentially incorporated. -. LECTURE XXI. OF REPORTS OF JUDICIAL DECISIONS. •HAVING...According to the observation of an eminent English judge, (a) a statute law is the will of the legislature in writing, and the common law is nothing but statutes... | |
| Samuel Orchart Beeton - 1861 - 904 lapas
...express written will of the legislature, rendered authentic by certain pr>4cribed forms and solemnities. The common law includes those principles, usages, and rules of action applicable to tho government and security of person and property, which do not rest fur their authority npon any... | |
| Charles Henry Lee - 1863 - 264 lapas
...the " unwritten or common law of the army." " The common law of the land," says Chancellor Kent, " includes those principles, usages, and rules of action applicable to the government, * * * which do not rest for their authority upon any express or positive declaration of the will of... | |
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