Wilmot has said, the Statute Law is the will of the legislature in writing ; the Common Law is nothing else but statutes worn out by time. All our law began by consent of the legislature ; and whether it is now law by usage or writing is the same thing.... Proceedings of the State Bar Association of Wisconsin - Page 73by State Bar Association of Wisconsin - 1905Full view - About this book
| Sir William Blackstone - Law - 1807 - 686 pages
...of particular districts. K CI 14. 13. TfC.l.23.5. (7) Lord chief justice Wilmot has said, that " the statute law is the . " will of the legislature in...is now law by usage or writing is the " same thing. (2 Wils. 348.) And statute law and common law both " originally flowed from the same fountain." (Ib.... | |
| Matthew Hale - Civil law - 1820 - 582 pages
...record in writing; the common law, nothing else but statutes, antiently written, but which have been worn out by time. All our law began by consent of the legislature ; and whether it be now law by custom, by usage, or by writing, it is the same thing. Wils. Par. 2. 318. 351. and sea... | |
| William Blackstone - Law - 1827 - 916 pages
...been provoked by the practical severity of its impositions. Chilly. (8) Although, generally speaking, the common law " is nothing else but statutes worn out by time," combined with customs which grew np imperceptibly, in the infancy of society, and strengthened with... | |
| Thomas Stephen - Constitutional history - 1835 - 810 pages
...custom observed only in certain courts and jurisdictions. Lord chief justice Wilmot has said, that " the statute law is the will of the legislature in writing;...is now law by usage or writing is the same thing. Both statute law and common law originally flowed from the same fountain" — that is, from the sovereign,... | |
| Samuel Warren - Law - 1835 - 582 pages
...as undiscoverable as that of the Nile f ! " Lord Chief Justice Wilmot has a fanciful saying, that " the Common Law is nothing else but statutes worn out...is now law by usage or writing is the same thing: * * and statute law and common law both originally flowed from the same fountain *." Mr. Hume is of... | |
| Samuel Warren - Law - 1835 - 580 pages
...Chief Justice Wilmot has a fanciful saying, that " the Common Law is nothing else but statutes v)orn out by time. All our law began by consent of the legislature...is now law by usage or writing is the same thing: * * and statute law and common law both originally flowed from the same fountain *." Mr. Hume is of... | |
| William Blackstone - Law - 1836 - 694 pages
...Justice Wilmot lias said, that the statute law is the will of the legislature in writing; the fommon law is nothing else but statutes worn out by time. All our law liegan by consent of the legislature, and whether it is now law by usage or writing is the same thing.... | |
| John William Smith - Law reports, digests, etc - 1841 - 744 pages
...statute, you may show how it is void by plea, and that in truth it never had any legal existence. That the statute law is the will of the legislature in writing...legislature, and whether it is now law by usage or writing, it is the same thing ; a statute says such a thing shall bo avoided by plea, why therefore may not... | |
| Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 708 pages
...read as to the former. Heron v. Granger, 5 Esp. Ca. 269 ; and see 1 Stark. Ca. 437, SP STATUTE. [THE statute law is the will of the legislature in writing...else but statutes worn out by time. All our law began byconsent of the legislature ; and whether it is now law by usage or writing is the same thing. For... | |
| John Timbs - Common fallacies - 1858 - 274 pages
...Blackstone's Commentaries, introd. Upon this Mr. Christian notes : " Lord Chief-Justice Wilmot has said, the Statute Law is the will of the legislature in writing...is now law by usage or writing is the same thing. (2 Wils. 348.) And Statute Law and Common Law both originally flowed from the same fountain. (Ibid.... | |
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