...circumstances did not require them to reject.149 "The common law of England," he wrote in another opinion, "is not to be taken in all respects to be that of...adopted only that portion which was applicable to their situation."1s0 Indeed, the principal contribution of judges such as Story was to remold the common...

...common law as they thought applicable to their local conditions.33 As Justice Story explained, a[t]he common law of England is not to be taken in all respects...with them and adopted only that portion which was applica33 See, eg, Conner v. Shepherd, 15 Mass. 164 (1818) (rejecting English common-law rule regarding...

...easing of penalties made it impossible to enforce maximum rates of interest. Van Ness v. Pacard (182gl The common law of England is not to be taken in all respects to be that of America. . . . The country was a wildemess, and the universal policy was to procure its cultivation and improvement....

...* 32 Hen. VIH. c. 7, and 34 & 35 Hen. VHT. c. 5. 4 29 Charles П. c. 3. 5 31 Charles П. c. 2. « " The common law of England is not to be taken, in all...portion which was applicable to their 'situation." Story, J. in Van Nest a. Pacard, 2 Pet. 144. " The settlers of Colonies in America did not carry with...

...1813). 76. See Van Ness v Pacard, 27 US (2 Pet) 1 37, 144 (1829) ("The common law of England is not taken in all respects to be that of America. Our ancestors...portion which was applicable to their situation."); Letter from John Marshall to St. George Tucker, Nov 27, 1800, reprinted in Stewart Jay, Origins of...

...this transfer is well known. It is clearly stated by Story in Van ÎTess v. Packard, 2 Peters, 144: "The common law of England is not to be taken in all...adopted only that portion which was applicable to their condition." This theory is universally adopted by our courts, and it has given them the important power...

...English rules are adopted, others rejected.14 Joseph Story, in an 1829 US Supreme Court decision, wrote, "The common law of England is not to be taken in all...adopted only that portion which was applicable to their situation."15 The size of the country and the abundance of its natural resources made impossible the...

...Letters from a Farmer in Pennsylvania in 1768: Joseph Story, in an 1829 US Supreme Court decision, wrote, "The common law of England is not to be taken in all...adopted only that portion which was applicable to their situation."4 The size of the country and the abundance of its natural resources made impossible the...

...28 US (3 Peters) 99, 159 (1830). In the previous year, writing for the Court, Story had opined that "[t]he common law of England is not to be taken in...portion which was applicable to their situation." Van Ness v. Packard 27 US (2 Peters) 137 (1829). Similar analysis was provided by implementation of...

...common law of England, however (as has been well remarked by the Supreme Court of the United States), is not to be taken, in all respects, to be that of...with them, and adopted, only that portion which was [Walker v. Tlllis.] applicable to their condition. The country was a wilderness, and the universal...