that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases... A Treatise on the Law of Evidence - Page 232by Simon Greenleaf - 1853Full view - About this book
| Theophilus Parsons - Admiralty - 1869 - 950 pages
...evidence to show the recovery and the title on which it rested.4 The 34th section of the judiciary act6 provides, " That the laws of the several States, except...the United States, in cases where they apply." This act does not, however, include cases in admiralty, and, until the passage of recent statutes, interested... | |
| Joseph Brown Heiskell - Law reports, digests, etc - 1870 - 882 pages
...Congress or some rule of the Federal Courts made in pursuance of law. The Act of 1789, s. 34, 1 Stat., 81, provides, that "the laws of the several States, except...of the United States, in cases where they apply." In Waiiman v. Southard, 10 Wheat., 1, it was observed by the Court, that the laws of the several States... | |
| United States. Circuit Courts, Benjamin Vaughan Abbott - Law reports, digests, etc - 1870 - 670 pages
...would follow if this question were to be governed by section 34 of the judiciary act of 1789, which provides that "the laws of the several States, except...of the United States, in cases where they apply." Carroll v. Watkins. Having given the statutes and decisions of the courts of the State on this question,... | |
| Charles Sumner - Antislavery movements - 1874 - 542 pages
...are requisite for jurors by the laws of the State of which they are citizens" ; and still further, " that the laws of the several States, except where...the courts of the United States, in cases where they apply."2 Under these injunctions it was very easy, if not natural, for the national l Acts 37th Cong.... | |
| United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 746 pages
...testimony of Clements was improperly rejected. The section in question declares that the laws of the [*363] several * States, except where the constitution, treaties,...courts of the United States, in cases where they apply. The language of this section cannot, upon any fair construction, be extended beyond civil cases at... | |
| United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1870 - 638 pages
...34th section of the Judiciary Act of September 24th, 1789, (1 US Stat. at Large, 92). That section provides, " that the laws of the several States, except...decision, in trials at common law, in the Courts of the United States, in 3 Segee v. Thomas. cases where they apply." This section was intended to furnish... | |
| Charles Sumner - Antislavery movements - 1873 - 550 pages
...further, " that the laws of the several States, except where the Constitution, treaties, or statntes of the United States shall otherwise require or provide,...the courts of the United States, in cases where they apply."2 LTnder these injunctions it was very easy, if not natural, for the national l Acts 37th Cong.... | |
| Law - 1874 - 436 pages
...thirty-fourth section of the Judiciary Act of 1789, enacting "that the laws of the several States . . shall be regarded as rules of decision in trials at common...of the United States, in cases where they apply," does not apply to questions of a general nature not based on a local statute or usage, nor on any rule... | |
| John Innes Clark Hare - Civil procedure - 1871 - 952 pages
...court to follow the decisions of the State tribunals in all cases to Avhich they apply. The section provides " that the laws of the several States, except...of the United States, in cases where they apply." In order to maintain the argument, it is essential, therefore, to hold, that the word " laws," in this... | |
| United States. Congress. House - Legislation - 1805 - 522 pages
...statutes of the United States shall otherwise require, or provide, shall be regarded as the rules of decision in trials at common law, in the courts of the United States, in cases where they apply; and whereas by the laws of Virginia it is provided, that in cases not capital, the offender shall not... | |
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