 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1870 - 840 pages
...sanction, express or implied. (Bank of Augusta vs. Earle, 13 Pettrt, 584.)— Ib 68 4. In the silence of any positive rule, affirming, or denying, or restraining...are repugnant to its policy, or prejudicial to its interest. It is not the comity of the courts, but the comity of nations, which is administered and... | |
 | Law - 1834 - 518 pages
...inadmissible, when it is contrary to its known policy, or prejudicial to its interests. In the silence of any positive rule, affirming, or denying, or restraining...prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which is administered, and ascertained in the same way, and guided... | |
 | Law - 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...repugnant to its policy, or prejudicial to its interests.' (story, Conflict of Laws, chap. 2, art. 38.) ' So,' says Professor Greenleaf, ' a spirit of amity,... | |
 | William Mawdesley Best - Evidence, Circumstantial - 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... | |
 | Commercial law - 1847 - 554 pages
...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 denying, or restraining...prejudicial to its interests. It is not the comity of the courts, but the comity of the nation which is administered, and ascertained in the same way, and guided... | |
 | John Pitt Taylor - Evidence (Law) - 1848 - 764 pages
...rule, affirming or denying or restraining the operation of foreign laws, courts of justice presume the adoption of them by their own government, unless they...repugnant to its policy, or prejudicial to its interests (I) . The instances here given, it is hoped, will sufficiently illustrate this head of presumptive... | |
 | William Mawdesley Best - Cross-examination - 1854 - 930 pages
...science rests on one important presumption. " In the silence of any positive rule," says Dr. Story, " affirming or denying, or restraining the operation...repugnant to its policy, or prejudicial to its interests (q)." So, says Professor Greenleaf, " A spirit of comity, and a disposition to friendly intercourse,... | |
 | Joseph Story - Conflict of laws - 1857 - 1102 pages
...inadmissible, when it is contrary to its kn<5wn policy, or prejudicial to its interests. In the silence of any positive rule, affirming, or denying, or restraining...policy, or prejudicial to its interests. It is not comity of the courts, but the comity of the nation, which is administered, and ascertained in the same... | |
 | Theodore Sedgwick - Constitutional history - 1857 - 770 pages
...interests. In the silence of any positive rule affirming or denying, or restraining the operations of foreign laws, courts of justice presume the tacit...prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which is administered and ascertained in the same way and guided... | |
 | United States. Supreme Court, Benjamin Chew Howard - African Americans - 1857 - 260 pages
...adds, '-in the silence of any positive rule affirming or denying or restraining the operation of the foreign laws, courts of justice presume the tacit...repugnant to its policy or prejudicial to its interests." (See also 2 Kent Com., p. 457; 13 Peters, 519, 589.) These principles fully establish, that it belongs... | |
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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. 
