Commentaries on the Conflict of Laws, Foreign and Domestic, in Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions, and Judgments, Band 1

Little, Brown,, 1883 - 901 Seiten

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Seite 122 - English law, applicable to such a case. But the only principle applicable to such a case by the law of England, is, that the validity of Miss Gordon's marriage rights must be tried by reference to the law of the country where, if they exist at all, they had their origin. Having furnished this principle, the law of England withdraws altogether, and leaves the legal question to the exclusive judgment of the law of Scotland.
Seite 768 - ... all actions of debt grounded upon any lending or contract, without specialty, and all actions of debt for arrearages of rent, shall be commenced and sued within six years next after the cause of such action or suit, and not after.
Seite 225 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Seite 94 - Qui cum alio contrahit, vel est, vel debet esse non ignarus conditionis ejus...
Seite 368 - ... contracts are to be construed and Interpreted according to the laws of the state In which they are made, unless, from their tenor, It Is perceived that they were entered into with a view to the laws of some other state.
Seite 37 - The law of England, and of almost all civilized countries, ascribes to each individual at his birth two distinct legal states or conditions; one by virtue of which he becomes the subject of some particular country, binding him by the tie of...
Seite 394 - In another is well settled. They are to be governed by the law of the place of performance, and, if the interest allowed by the law of the place of performance...
Seite 214 - The law of a country where a marriage is solemnized must alone decide all questions relating to the validity of the ceremony by which the marriage is alleged to have been constituted...
Seite 28 - It has been thought by some jurists that the term 'comity' is not sufficiently expressive of the obligation of nations to give effect to foreign laws when they are not prejudicial to their own rights and interests. And it has been suggested that the doctrine rests on a deeper foundation ; that it is not so much a matter of comity or courtesy, as a matter of paramount moral duty. Now, assuming that such a moral duty does exist, it is clearly one of imperfect obligation, like that of beneficence, humanity,...
Seite 532 - It is a clear proposition,' said he, ' not only of the law of England, but of every country in the world where law has the semblance of science, that personal property (£>) has no locality ; The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner.

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