| 1898 - 1068 Seiten
...silence of any positive rule, * * * courts of Justice presume tbe tacit adoption of them [foreign laws] by their own government, unless they are repugnant to Its policy or prejudicial to its own Interest" Many other authorities to the same effect might be cited. Trasher v. Everhart, 3 Gill... | |
| United States. Supreme Court - 1883 - 1186 Seiten
...consent of the hitter. And in the absence of any positive rule, affirming, or denying, or retraining the operation of foreign laws, courts of justice presume the tacit adoption of them bj their own government, unless they are repugnant to its policy or prejudicial to its interests. (Conflict... | |
| Mississippi. Supreme Court - 1843 - 724 Seiten
...country; and, in the absence of any positive rule affirming or denying or restraining their operation, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy or prejudicial to its interest. Story's Confl. of Laws, 30, 31, 35, 36; Bank... | |
| Academie De Droit International De La Ha - 1968 - 520 Seiten
...étrangères dérivaient dent même à Story, op. cit., p. 35: «ln the silence of any positive rule affirming or denying or restraining the operation...repugnant to its policy or prejudicial to its interests.» V. du reste également des auteurs anglo-saxons d'époque relativement récente. Et précisément:... | |
| Don Edward Fehrenbacher - 1981 - 340 Seiten
...denying, or restraining the operation of foreign laws," Taney had written in 1839, "courts of justice will presume the tacit adoption of them by their own government,...repugnant to its policy, or prejudicial to its interests." The critical importance of Taney's exception is obvious. Presumably, a "positive rule" would have to... | |
| Henry Campbell Black - 1991 - 1266 Seiten
...contrary to its known policy, or prejudicial to its interests. In the silence of any positive rule affirming or denying or restraining the operation...tacit adoption of them by their own government, unless repugnant to its policy, or prejudicial to its interests. It is not the comity of the courts, but the... | |
| Henry Campbell Black - 1995 - 1324 Seiten
...the silence of any positive rule affinning_or denying or restraining the operation of foreign _laws, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy, or prejudicial to its interests. It is not the comity of the courts, but the... | |
| South Dakota. Supreme Court - 1894 - 748 Seiten
...of the United States in the case of Hank v. Earle, 13 Pet. 589: "In the silence of any positive law affirming or denying or restraining the operation...repugnant to its policy or prejudicial to its interests. It is not the comity of the courts, but the comity of nations, [states,] which is administered and... | |
| Pennsylvania. Supreme Court - 1863 - 590 Seiten
...prcejitdicio indul gentium fieri potest." And according to Judge Story, in the silence of any positive rule, affirming, or denying, or restraining the operation...repugnant to its policy or prejudicial to its interests : Conflict of Laws, § 38, and see Chief Justice Taney's Opinion in Bank of Augusta v. Earl, 13 Peters'... | |
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