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Commentaries on the Common Law; Designed as Introductory to Its Study

Commentaries on the Common Law; Designed as Introductory to Its Study


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 Excerpt: ...ought to be determined by law, and not by any vague, indeterminate, or partial usage of particular persons or places; a strict adherence to this principle is essential to a sound and consistent administration of justice. A departure from it 5211 wou'd work great injustice, for no man could know what were his rights or duties, if they were to be determined by loose evidence of custom or usage.(a;) Notwithstanding the adverse opinions expressed by some eminent judges, (y) in regard to the policy of admitting evidence of usage or custom to explain or vary(z) written instruments, it will be collected (r) See per Maule, J., Smith i. Thompson, 8 C. B. 59 (65 E. C. L. R-). (-) Judgm., 7 M. & Gr. 744 (49 E. C. L. R.). (t) Judgm., Kirchner ti. Venus, 12 Moo. P. C. C. 361, 399; ace. Sweeting c. Pearce, 7 C. B. N. S. 449 (97 E. C. L. R.); s. c. 9 Id. 534. (-) Judgm., 7 M. & Gr. 744 (49 E. C. L. R.). (x) Berkshire Woollen Co. v. Proctor, 7 Cashing (U. S) R. 422: Judgm., Re Stroud, 8 C. B. 531 (65 E. C. L. R.). (y) See per Lord Denman, C. J., Trueman v. Loder, 11 Ad. & E. 597 (39 E. C. L. R.); per Story, J., Donnell v. Columbian Insur. Co., 2 Sumn. (U. S.) R. 377); Judgm., Hutton v. Warren, 1 SI. & W. 475. As to Trueman -. Loder, supra, sec Dale t. Humfrey, E. B. & E. 1004 (96 E. C. L. R.); s. c. 7 E. & B. 266, 277 (90 E. C. L. R.); Brown v. Byrne, 3 E. B. 703 (77 E. C. L. R.). (z) The meaning of an instrument is, in truth, varied by annexing a term to it (ante, p. 512), even though such term be not inconsistent with anything in the instrument. from what has been thus far said, that evidence of usage may be offered for various purposes in connection with their interpretation. It may, for instance, in some cases be offered to annex i...


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Product Details
  • ISBN-13: 9781236005663
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 376
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 123600566X
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 671 gr


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