| New York (State). Commissioners of the Code, New York (State). - 1865 - 896 páginas
...relating to the particular topic, than to refer to this Fart for any additional principles. <§ 1965. When the reason of a rule ceases, so should the rule itself. •'Cessante ratione legis cessat ipsa lex" (Co. Lift. 70 b.; Jiranch's Maamt, 68; Richards v. Heather,... | |
| California, California. Commission to Revise the Laws of California - 1871 - 894 páginas
...substance. Francis' Maxims, No. 13. NTCC, Seo. 1983. SEO. 3529. That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due. Thus an agreement for a valuable consideration will be treated as actually executed from the period... | |
| 1884 - 824 páginas
...covered by Sec. 3529 of the Civil Code, which says that "That which ought to have been done is to be regarded as done in favor of him to whom, and against him from whom the performance is due." DEAR SIR: In reply to yours of June 21st I can only say that the Census Marshal... | |
| New York (State). - 1885 - 422 páginas
...3108. The law respects form less than substance. § 3109. That which ought to have been done, is to be regarded as done, in favor of him to whom, and against him from whom, performance is due. § 3110. That which does not appear to exist is to be regarded as if it did not exist. § 3111. The... | |
| 1889 - 952 páginas
...to it for transportation there exists no longer any reason for the rule requiring a written demand. "When the reason of a rule ceases so should the rule itself." Id. § 2063. Tripp, Ch. J., delivered the opinion of the court: This is an action brought by the plaintiff... | |
| 1890 - 1290 páginas
...statute. Section 3091 of the proposed Civil Code as reported in 1884, states this maxim as follows : " When the reason of a rule ceases, so should the rule itself," but § 3090 says : " The maxims of jurisprudence hereafter set forth are intended not to qualify any... | |
| 1891 - 1102 páginas
...statute. Section 8091 of the proposed Civil Code, as reported in 1884, states this maxim as follows: "When the reason of a rule ceases, so should the rule itself;" but section 3090 says: "The maxims of jurisprudence hereafter set forth are intended, not to qualify... | |
| South Dakota. Supreme Court - 1902 - 760 páginas
...same, the rule should be the same, Vol. 15, SD— 10 Opinion of the Court— HANEY, J. [15 SD but, when the reason of a rule ceases, so should the rule itself. Comp. Laws, §§ 4697, 4698. In this case the judge who granted defendants application did not preside... | |
| 1894 - 1206 páginas
...rests firmly upon the equitable maxim that "that which ought to have been done is to be regarded a» done, in favor of him to whom and against him from whom performance is due" (Civ Code, § 3.-.29). as applied in Daggett v. Rank in, 31 Cal. 327, where it is said that "equity... | |
| 1894 - 1160 páginas
...The judgment rests firmly upon the equitable maxim that "that which ought to have been done is to be regarded as done, in favor of him to whom and against him from whom perforiuance is due" (Civ. Code, § 3.729), as applied in Daggett v. Rankin, 31 Gal. 327, where It... | |
| |