 The general doctrine is not controverted, that although movables are for many purposes to be deemed to have no situs, except that of the domicile of the owner, yet this being but a legal fiction it yields whenever it is necessary, for the purpose of justice,...  Reports of Cases Decided in the Court of Appeals of the State of New York - Page 228by New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Hiram Edward Sickels, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb - 1867Full view - About this book
 | Joseph Story - Conflict of laws - 1841 - 966 pages
...formal act. By the Code Civil, the public discuss the matter at large, as to personal property ; since the general doctrine is not controverted, that, although...movables are, for many purposes, to be deemed to have no tltun, except that of the domicil of the owner ; yet, this being but a legal fiction, it yields, whenever... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...substance of the thing.3 No fiction, says Mr. Justice Blackstone, shall extend to work an injury, its proper operation being to prevent a mischief or remedy...inconvenience which might result from the general rule of law.6 Hence, if a man disseises me, and during the disseisin cuts down the trees or grass or the corn... | |
 | Henry Wager Halleck - International law - 1861 - 960 pages
...jurisdiction, over personal property, Story says, the general doctrine is not controverted, that though movables are, for many purposes, to be deemed to have...except that of the domicil of the owner, yet, this having but a legal fiction, it. yields, wheueverit is necessary for the purposes of justice, that the... | |
 | Robert S. Blackwell - Tax-sales - 1864 - 724 pages
...real truth and substance of the thing. No fiction shall therefore extend to the injury of a party, its proper operation being to prevent a mischief, or remedy an inconvenience which might result from a general rule of law. And whenever the rights of a third person will be injuriously affected by the... | |
 | Robert S. Blackwell - Tax-sales - 1869 - 740 pages
...real truth and substance of the thing. No fiction shall therefore extend to the injury of a party, its proper operation being to prevent a mischief, or remedy an inconvenience which might result from a general rule of law. And whenever the rights of a third person will be injuriously affected by the... | |
 | Law - 1892 - 554 pages
...Whart. Coufl. Laws, §§ 297-311. As observed by Mr. Justice Story, in his Commentaries just cited: "Although movables are for many purposes to be deemed to have no situs except that of the domicile of the owner, yet, this being but a legal fiction, it yields whenever it is necessary for... | |
 | Herbert Broom - Legal maxims - 1874 - 880 pages
...which it was invented, but for every other purpose it may be contradicted." Its proper operation is to prevent a mischief or remedy an inconvenience which might result from applying some general rule of law. Hence, we read that if a man disseises me, and during the disseisin... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1899 - 602 pages
...Conflict of Laws, section 550, Mr. Justice Story, discussing jurisdiction as regards property, observed that, "Although movables are for many purposes to be deemed to have no situs, except that of the domicile of the owner, yet this being but a legal fiction, it yields whenever it is necessary for the... | |
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