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 Judgements
Reprinted ... by A. Maxwell, ... T. Clark, Edinburgh; and A. Milliken, Dublin., 1841 - 927 pages
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according action administration admitted adopted Ante apply arise authority Boullenois Burge cited civil Comm common considered contract Court creditor debt debtor decided deemed depend distinction doctrine domicil domicilii edit effect England English entitled established executed exist express extent follow foreign country foreign law France Froland give given govern ground heir held hold immovable interest John judge judgment jurisdiction jurists justice land latter lex loci limits loco Lord maintained marriage married movable nature obligation Observ operation opinion original parties payment Post Pothier prevail principle quæ question quod reasoning regard regulate relation residence respect Rodenburg rule says Scotland seems situate Stat statute suit sunt suppose territory testament things tion tract transfer valid Voet wife
Page 127 - 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.
Page 51 - State; 6. If a person remove to another State with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this State, notwithstanding he entertains an intention of returning at some future period; 7.
Page 211 - 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...
Page 317 - Generally speaking," says Story, " the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country; for, as we shall presently see, in the latter case, the law of the place of performance is to govern.
Page 153 - ... I am of opinion," says Holroyd, J., in the same case, " that according to the principles of the English law the right to slaves, even in a country where such rights are recognized by law, must be considered as founded, not upon the law of nature, but upon the particular law of that country.
Page 28 - Natural allegiance is therefore a debt of gratitude, which cannot be forfeited, cancelled, or altered, by any change of time, place, or circumstance, nor by any thing but the united concurrence of the legislature.
Page 163 - The comity thus extended to other nations is no impeachment of sovereignty. It is the voluntary act of the nation by which it is offered, and is inadmissible when contrary to its policy, or prejudicial to its interests.
Page 93 - Qui cum alio contrahit, vel est, vel debet esse non ignarus conditionis ejus...