New Commentaries On Marriage, Divorce, And Separation As to the Law, Evidence, Pleading, Practice, Forms And the Evidence of Marriage in All Issues On a New System of Legal Exposition

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New Commentaries On Marriage, Divorce, And Separation As to the Law, Evidence, Pleading, Practice, Forms And the Evidence of Marriage in All Issues On a New System of Legal Exposition
Joel Prentiss Bishop
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there, and so the special defence was overruled. ^ And still by some courts the doctrine of presuming the foreign law to be the same as our own ^ is carried even to such statutes as those now under consideration.^ A somewhat different presumption is — § 1079. Common Law. — Where the matter in suit depends on the law of a sister State and it is not proved, or on tlie con- struction of a statute shown to exist in such State and its inter- pretation there does not appear, — the course in many of o
...ur courts is to presume that the common law as far as adapted to our sit- uation and circumstances prevails there ; that is, as the writer understands it, the common law unaffected by colonial or State statutes.* But this doctrine would appear to be nowhere so abso- lutely held as to preclude exceptions and qualifications.^ xind it is not applied to tliose States which are not of common-law origin.® Further as to which, — § 1080. Historical and Governmental. — That most of our States are thus ruled by the common law, except as modified by statutes of their own, is matter of historical and governmental knowledge, whereof the courts may well take cognizance.^ In accord with this principle, the English tribunals judicially know that the com- mon law prevails in Ireland.^ But — § 1081.

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