 | John Calvin Reed - 1885 - 476 sayfa
...there is somewhere a rule of known law which will cover the facts of the dispute now litigated, and that if such a rule be not discovered it is only that...train of thought. We now admit that the new decision has modified the law." 1 § 160. You must not, therefore, if you can avoid it, shock the sensitive... | |
 | 1909 - 672 sayfa
...there is somewhere a rule of known law which will cover the facts of the dispute now litigated, and that, if such a rule be not discovered, it is only...train of thought. We now admit that the new decision has modified the law. The rules applicable have, to use the very inaccurate expression sometimes employed,... | |
 | Sir Henry Sumner Maine - 1888 - 512 sayfa
...there is somewhere a rule of known law which will cover the facts of the dispute now litigated, and that, if such a rule be not discovered, it is only...train of thought. We now admit that the new decision has modified the law. The rules applicable have, to use the very inaccurate expression sometimes employed,... | |
 | Brooklyn Ethical Association - 1890 - 444 sayfa
...reports which will fit the facts of any case in trial and serve as a precedent. Yet, as Maine says, "the moment "the judgment has been rendered and reported,...we slide " unconsciously or unavowedly into a new train of thought. " We now admit that the new decision has modified the " law. The rules applicable... | |
 | Henry Sumner Maine - 1891 - 468 sayfa
...there is somewhere a rule of known law which will cover the facts of the dispute now litigated, and that, if such a rule be not discovered, it is only...knowledge, or acumen is not forthcoming to detect itYet the moment the judgment had been rendered and reported, we slide unconsciously or unavowedly... | |
 | 1903 - 456 sayfa
...there is somewhere a rule of known law which will cover the facts of the dispute now litigated, and that, if such a rule be not discovered, it is only...knowledge, or acumen is not forthcoming to detect it." Blackstone, who, as the most widely known expounder of the doctrine, has borne the brunt of the different... | |
 | 1898 - 444 sayfa
...application of any principles but old ones, or of any distinctions but such as have long since been allowed. Yet the moment the judgment has been rendered and...train of thought. We now admit that the new decision lias modified the law." * Maine explains this curious anomaly by the fact that a belief originally... | |
 | William Warrand Carlile - 1904 - 318 sayfa
...distinction but such as have long since been allowed . . . Yet the moment the judgment has been rendered or reported, we slide unconsciously, or unavowedly, into...train of thought. We now admit that the new decision has modified the Law." J The analogy may perhaps assist us to understand how the necessity of taking... | |
 | Oscar McMurtrie Voorhees - 1910 - 486 sayfa
...there is somewhere a rule of known law which will cover the facts of the dispute now litigated, and that, if such a 'rule be not discovered, it is only...moment the judgment has been rendered and reported, 24 we slide unconsciously or unavowedly into a new language and a new train of thought. We now admit... | |
 | Henry Percy Farrell - 1917 - 242 sayfa
...there is somewhere a rule of known law which will cover the facts of the dispute now litigated." " Yet the moment the judgment has been rendered and...train of thought. We now admit that the new decision has modified the law." Ch. ii. Equity consists " of any body of rules existing by the side of the original... | |
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... question is, or can be, raised which will call for the application of any principles but old ones, or of any distinctions but such as have long since been allowed. It is taken absolutely for granted that there is somewhere a rule of known law which... 
