Codification in the State of New York

Cover Codification in the State of New York
Codification in the State of New York
Robert Ludlow Fowler
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Dunham v. Williams, 37 N. Y. 251, reversing 8. C. , 36 Barb. 136.
48 -cotmn'on law of New York subject to the two local hypotheses outlined, but it is involved in an additional one, common to all the original American colonies and provinces : Blackstone in giving a concrete instance of the application of his theory of the common-law introduction into crown dependencies, cited the American colonies as examples of countries acquired by con- quest, and added that there consequently the common law
...of England was set in force by express legislation. 1 Later in the history of American jurisprudence, when it became necessary to account for a law of English original, which was wanted for immediate application, but the chain of title to which was obscure, the Supreme Court of the United States partially rejected Blackstone's theory ; and Chief Justice Marshall most solemnly decided that Blackstone was partly mistaken ; that America was not conquered from the Indians, because the Indians had no national existence to conquer ; and, consequently, that the common law of England was to be regarded as in force here upon the theory that the American colonies were discovered countries and not conquered provinces.

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