Northwestern University Law Review Volume 11

Northwestern University Law Review Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...representing the plaintifi, and by plaintiff's grantee. Plaintifi brought action against the grantee for fraudulent representations and recovered judgment upon which an execution was returned nulla bona. Later plaintiff brought action for the same deceit against the brokers who were joint tort-feasors with the grantee. In the second action, the defendants contended that recovery of judgment against the grantee and the issuance of execution, operated to release the other tort-feasors from liability in accordance with the doctrine of Brown 1/. Wooten, (1606) Cro. ac. 73, Yelv. 68f, Buskland 2/. Johnson, 15 C. B. 145, 2 C. L. Rep. 84, and Brimsmead 11. Harrison, L. R. 7 C. P. 547, 41 L. J. C. P. (N. S.) 190. Defendants further contended that the doctrine of these cases was the common law of England at the time of the settlement of Jamestown and that this doctrine had become the law of Indiana by force of the statute which provides: "The law governing this state is declared to be the common law of England, and statutes of the British Parliament made in aid thereof prior to the reign of James the First (excepting certain enactments) and which are of a general nature, not local to that kingdom. " The court says of this provision: "It is not the purpose of this section to adopt the rules of the common law, but the purpose was to adopt the general principles of the_common law which underlte and control all rules of decision throughout all time, ..." But, first, we are confronted by an interrogation----How do "rules" of common law difier, if at all, from "principles" of common law? Nothing is oftener seen in law writing, official and unoflicial, when the path becomes thorny and broken, than more

Product details

  • Paperback | 390 pages
  • 189 x 246 x 20mm | 694g
  • United States
  • English
  • black & white illustrations
  • 1236978250
  • 9781236978257