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" In the silence of any positive rule, affirming, or denying, or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless they are repugnant to its policy, or prejudicial to its interests. "
Reports of Civil and Criminal Cases Decided by the Court of Appeals of ... - Page 761
de Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1870
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The American Jurist and Law Magazine, Volume 11

1834 - 518 pages
...latter ; and is inadmissible, when it is contrary to its known policy, or prejudicial to its interests. In the silence of any positive rule, affirming, or...are repugnant to its policy, or prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which is administered,...
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The Monthly Chronicle, Volume 3

Nathan Hale - 1842 - 596 pages
...the law of nations, to which all nations are presumed to assent, until they make their dissent known. In the silence of any positive rule, affirming or denying or restraining the operations of foreign laws, their tacit adoption is presumed, to the usual eitent. It is upon this...
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Parliamentary Papers, Volume 61

Great Britain. Parliament. House of Commons - 1843 - 576 pages
...the law of nations, to which all nations are presumed to assent, until they make their dissent known. In the silence of any positive rule, affirming or...denying, or restraining the operation of foreign laws, their tacit adoption is presumed to the usual extent. It is upon this ground that courts of law expound...
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The Congressional Globe

United States. Congress - 1843 - 696 pages
...of nations, to which all naüone are presumed to assent until they make uieii dissent known. In (he silence of any positive rule affirming or denying or restraining the Operation oí foreign laws, "their tarit adoption is presumed, to the usual extent. It is upon this ground that...
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The Law Times, Volume 4

1845 - 540 pages
...science rests on one important presumption. ' In the silence of any positive rule,' says Dr. Story, ' affirming or denying, or restraining the operation...are repugnant to its policy, or prejudicial to its interests.' (story, Conflict of Laws, chap. 2, art. 38.) ' So,' says Professor Greenleaf, ' a spirit...
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A Treatise on Presumptions of Law and Fact: With the Theory and Rules of ...

William Mawdesley Best - 1845 - 232 pages
...specimens used for the purpose. Code de Procédure Civile, lib. 3, tit. 10, art 193 tu 213. Story, " affirming or denying, or restraining the operation...are repugnant to its policy, or prejudicial to its inlerests."(e) " So," says Professor Greenleaf, " a spirit of amity, and a disposition to friendly...
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Commentaries on the Conflict of Laws: Foreign and Domestic, in Regard to ...

Joseph Story - 1846 - 1148 pages
...latter ; and is inadmissible, when it is contrary to its known policy, or prejudicial to its interests. In the silence of any positive rule, affirming, or...unless they are repugnant to its policy, or prejudicial i Vattel, Prelim. Disc. p. 61, 68, § 14, 16. 9 Dalrymple p. Dalryrnple, 2 Htgg. Consist R. 59. See...
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A Selection of Leading Cases Upon Commercial Law Decided by the ..., Volume 725

1847 - 554 pages
...as a part of the voluntary law of nations. It is truly said, in Story's Conflict of Laws, 37, that " In the silence of any positive rule, affirming, or...are repugnant to its policy, or prejudicial to its interests. It is not the comity of the courts, but the comity of the nation which is administered,...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volume 1

John Pitt Taylor - 1848 - 764 pages
...to friendly intercourse are also presumed to exist among nations as well as among individuals, and in the silence of any positive rule, affirming or...operation of foreign laws, courts of justice presume the adoption of them by their own government, unless they are repugnant to its policy, or prejudicial to...
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The Law Lexicon, Or Dictionary of Jurisprudence: Explaining All the ...

John Jane Smith Wharton - 1848 - 726 pages
...its knoxvn policy, or prejudicial to its mtt-rests. In the silence of any positive rule, alhrming, or denying, or restraining the operation of foreign laws, courts of justice presume the tucit adoption of (hem hy their own government, unless repugnant to its policy. It is nut the comity...
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