Joseph Yates - Law Quotes

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Great attention and respect is undoubtedly due to the decisions of a Lord Chancellor: but they are not conclusive upon a Court of common law.

Joseph Yates
The invention of an author is a species of property unknown to the common law of England. Its usages are immemorial; and the views of it tend to the benefit and advantage of the public with respect to the necessaries of life, and not to the improvement and graces of mind.

Joseph Yates
If the custom be general, it is the law of the realm: if local only, it is lex loci, the law of the place. Now, all laws are general, as far as the law extends; and all customs of England are of course, immemorial.1 No usage, therefore, can be part of that law, or have the force of a custom, that is not immemorial.

Joseph Yates
The common law of England must direct the determination of a common law question. By common-law determinations we are bound; and to them we must always adhere: for, these are the proper constitutional declarations of the law of the land. They are so considered, even by the Court of Chancery itself. When any doubt arises in a cause of equity concerning a point of common law, it is usually referred to the determination of a Court of Common Law.

Joseph Yates
The law is too tenacious of private peace, to suffer litigations to be negotiable.

Joseph Yates
No tort is assignable, in law or equity. It is not within any species of action at common law.

Joseph Yates