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" Wilmot has said, the Statute Law is the will of the legislature in writing ; the Common Law is nothing else but statutes worn out by time. All our law began by consent of the legislature ; and whether it is now law by usage or writing is the same thing.... "
Topics of Jurisprudence Connected with Conditions of Freedom and Bondage - Página 27
por John Codman Hurd - 1856 - 113 páginas
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Commentaries on the Laws of England: In Four Books, Volumen1

William Blackstone - 1807 - 686 páginas
...inhabitants of particular districts. K CI 14. 13. TfC.l.23.5. (7) Lord chief justice Wilmot has said, that " the statute law is the . " will of the legislature...is now law by usage or writing is the " same thing. (2 Wils. 348.) And statute law and common law both " originally flowed from the same fountain." (Ib....
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The History of the Common Law of England: And An Analysis of the Civil Part ...

Matthew Hale - 1820 - 582 páginas
...record in writing; the common law, nothing else but statutes, antiently written, but which have been worn out by time. All our law began by consent of the legislature ; and whether it be now law by custom, by usage, or by writing, it is the same thing. Wils. Par. 2. 318. 351. and sea...
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Commentaries on the Laws of England, Volumen1

William Blackstone - 1827 - 916 páginas
...been provoked by the practical severity of its impositions. Chilly. (8) Although, generally speaking, the common law " is nothing else but statutes worn out by time," combined with customs which grew np imperceptibly, in the infancy of society, and strengthened with...
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The Book of the Constitution of Great Britain

Thomas Stephen - 1835 - 810 páginas
...custom observed only in certain courts and jurisdictions. Lord chief justice Wilmot has said, that " the statute law is the will of the legislature in...is now law by usage or writing is the same thing. Both statute law and common law originally flowed from the same fountain" — that is, from the sovereign,...
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A Popular and Practical Introduction to Law Studies

Samuel Warren - 1835 - 582 páginas
...as undiscoverable as that of the Nile f ! " Lord Chief Justice Wilmot has a fanciful saying, that " the Common Law is nothing else but statutes worn out...law by usage or writing is the same thing: * * and statute law and common law both originally flowed from the same fountain *." Mr. Hume is of opinion,...
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A Popular and Practical Introduction to Law Studies

Samuel Warren - 1835 - 580 páginas
...Chief Justice Wilmot has a fanciful saying, that " the Common Law is nothing else but statutes v)orn out by time. All our law began by consent of the legislature...law by usage or writing is the same thing: * * and statute law and common law both originally flowed from the same fountain *." Mr. Hume is of opinion,...
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Commentaries on the Laws of England: In Four Books ; with an ..., Volumen1

William Blackstone - 1836 - 694 páginas
...tint, omnes procul dubio tenent. Inst. 1. 2. 6.—CH. (17) Lord Chief Justice Wilmot lias said, that the statute law is the will of the legislature in writing; the fommon law is nothing else but statutes worn out by time. All our law liegan by consent of the legislature,...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volumen1

John William Smith - 1841 - 744 páginas
...statute, you may show how it is void by plea, and that in truth it never had any legal existence. That the statute law is the will of the legislature in...legislature, and whether it is now law by usage or writing, it is the same thing ; a statute says such a thing shall bo avoided by plea, why therefore may not...
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A New Abridgment of the Law with Large Additions and Corrections, Volumen9

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 708 páginas
...be read as to the former. Heron v. Granger, 5 Esp. Ca. 269 ; and see 1 Stark. Ca. 437, SP STATUTE. [THE statute law is the will of the legislature in...else but statutes worn out by time. All our law began byconsent of the legislature ; and whether it is now law by usage or writing is the same thing. For...
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The Law of Freedom and Bondage in the United States, Volumen1

John Codman Hurd - 1858 - 778 páginas
...theoretical foundation. And herein lies the essential c6rrectuess of CJ Wilmot's saying, in 2 Wilson, 848. " The statute law is the will of the legislature in...by usage or writing is the same thing," — and p. 350 : " Aud statute law and common law both originally flowed from the same fountain." But compare...
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