And these fictions of law, though at first they may startle the student, he will find upon further consideration to be highly beneficial and useful ; especially as this maxim is ever invariably observed, that no fiction shall extend to work an injury;... The American Jurist: And Law Magazine - Page 671843Full view - About this book
| Bhikhu C. Parekh - Political Science - 1993 - 1112 pages
...farther consideration" students will find them to be "highly beneficial and useful: especially as this maxim is ever invariably observed, that no fiction shall extend to work any injury; its proper operation being to prevent a mischief, or remedy an inconvenience, that might... | |
| Menahem - Technology & Engineering - 1999 - 288 pages
...something in common. What Blackstone said of the objectives of legal fiction is equally true of evasion: No fiction shall extend to work an injury; its proper...inconvenience, that might result from the general rule of law. So true it is. that in fictione juris semper subsisiit aequitas8* 202 M. Elon, Herat Haprat Bedarkei... | |
| Paul O. Carrese - Law - 2010 - 350 pages
...student, he will find upon further consideration to be highly beneficial and useful: especially as this maxim is ever invariably observed, that no fiction...inconvenience, that might result from the general rule of law. So true it is, that in fictione juris semper subsistit aequitas (a fiction of law is always founded... | |
| Richard Burn - Law - 2004 - 904 pages
...were invented to avoid inconvenience; and it is a maxim invariably obferved, that no fiction fhall extend to work an injury, its proper operation being to prevent a mifchief, or remedy an inconvenience, that might refult from the general rule of law. 3 Black. 43.... | |
| George Anastaplo - Law - 2005 - 918 pages
...student, he will find upon further consideration to be highly beneficial and useful; especially as this maxim is ever invariably observed, that no fiction...inconvenience, that might result from the general rule of law. [Commentaries on the Laws of England, 3 :43 ] (See ibid., 1:212-13, 2:2, 3:266-68, 350, 390.) See,... | |
| United States. Supreme Court - Law reports, digests, etc - 1900 - 1336 pages
...is at most only a legal fiction; and Blackstone, speaking of le^'ul fictions, says, 'This maxim is invariably observed, that no fiction shall extend...inconvenience that might result from the general rule of law.' 3 Bl. Com. 43. Now a? the state of Illinois, and not Kansas, must furnish the plaintiff with all the... | |
| United States. Supreme Court - Law reports, digests, etc - 1926 - 1162 pages
...v. Miller, 188 US 189, 206, 47 L. ed. 439, 445, 23 Sup. Ct. Rep. 277. "No fiction," says Blackstone, "shall extend to work an injury; its proper operation...inconvenience, that might result from the general rule of law." [3 Bl. Com. 43.] The opinion argues with great force against the injustice of taxing extraterritorial... | |
| Law reports, digests, etc - 1917 - 1220 pages
...be made applicable to any claim excepting one arising in foro consclentlse; for, as Blackstone says: "No fiction shall extend to work an injury, its proper...to prevent a mischief or remedy an inconvenience, which might result from the general rule of law." 3 Black. Com. 43. In Lloyd v. Hough, 1 How. 153,... | |
| Australia. High Court - Law reports, digests, etc - 1926 - 664 pages
...arbitrary. They are not allowed to work an injury ; their operation is to prevent a mischief or to remedy an inconvenience that might result from the general rule of law. (5) Where, therefore, an injury would be caused by the operation of the fiction, it cannot be invoked... | |
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