| Joel Prentiss Bishop - Criminal law - 1858 - 1012 pages
...has directed, — what would seem substantially to follow from general principles without it,8 — that "the laws of the several States, except where...of the United States, in cases where they apply." * Therefore the established doctrine of our courts is, that we have no national common law; but, in... | |
| James Kent - Law - 1858 - 732 pages
...states, except where the constitution,, treaties, or statutes of the Union otherwise required, should be regarded as rules of decision in trials at common...the courts of the United States, in cases where they applied, (b) The subsequent act of May 8th, 1792, for regulating processes in the courts of the United... | |
| United States. Supreme Court - Law reports, digests, etc - 1861 - 704 pages
...the several States, except where the Constitution, treaties, or statutes of the United States shall require or provide, shall be regarded as rules of...of the United States, in cases where they apply." This section does not relate to the practice of our courts, but it constitutes a rule of property on... | |
| United States. Supreme Court - Law reports, digests, etc - 1862 - 658 pages
...Lincoln, of Ohio, for defendant in error. It is true, as claimed on behalf of the plaintiff in error, "that the laws of the several States, except where...the United States, in cases where they apply." And it is also true, that the Code of Civil Procedure of the State of Ohio provides, in its 310th section,... | |
| United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 696 pages
...court to follow the decisions of the state tribunals in all cases to which they apply. That section provides " that the laws of the several States, except...of the United States, in cases where they apply." In order to maintain the argument, it is essential, therefore, to hold that the word " laws," in this... | |
| United States. Congress. Senate - United States - 1864 - 1062 pages
...requisite for jurors by the laws of the State of which they are citizens," (sec. 29;; and still further, " that the laws of the several States, except where...decision in trials at common law in the courts of the United Suites, in cases where they apply." (§ 34.) Under these injunctions it was very easy, if not... | |
| Alfred Conkling - Court rules - 1864 - 950 pages
...constitution, treaties, or statutes of the United States shall otherwise require or provide, shall he regarded as rules of decision in trials at common law, in the court of the United States, in cases where they apply."3 CHAPTER VI. OF THE ADVISORY POWER OF THE SUPREME... | |
| James Kent - Law - 1866 - 724 pages
...states, except where the constitution, treaties, or statutes of the Union otherwise required, should be . regarded as rules of decision in trials at common law in the courts of the United States, in cases where the7 applied, (d)* The subsequent act of May 8th, 1792, for.regulating... | |
| Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...; Sumner r. Hicks, 2 Black, 532. The Judiciary Act of 1 789 recognizes this principle in providing that " the laws of the several States, except where...decision in trials at common law in the courts of the United States, where they apply." Sec. 34. In Suydam p., Williamson, 24 How. 427, the Supreme Court... | |
| Theophilus Parsons - Admiralty - 1869 - 950 pages
...evidence to show the recovery and the title on which it rested.4 The 34th section of the judiciary act6 provides, " That the laws of the several States, except...of the United States, in cases where they apply." This act does not, however, include cases in admiralty, and, until the passage of recent statutes,... | |
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