Legal Opinion · Concurrence

Shields v. Shiff

Supreme Court of Louisiana

Decided May 15, 1884No. 9091Published

PPEAL from the Civil District, Court for the Parish of Orleans. Tissot, J. 1. The Federal Statute must be interpreted according to common law principles, the common law being a part of the Government itself.

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PPEAL from the Civil District, Court for the Parish of Orleans. Tissot, J. 1. The Federal Statute must be interpreted according to common law principles, the common law being a part of the Government itself. Story on the Constitution, § 157, vol. 1; Journal of Congress, October, 14, 1874, p. 27; McCool vs Smith, 1 Black Rep. 465; Mayo vs. "Wilson, 1U. H. 55; How vs. Beckham, 6 Howard, Practice Rep. 229. 2. Words and expressions having a well known and definite meaning at common law must be given that meaning. Dwarris on Statutes (Gould & Son’s Ed.), p. 186. 3. And words in a statute must be…

1Concurrence

CONCURRING OPINION.

Bermudez, C. J.

I concur in the opinion and decree just read, which appear to he in furtherance of the federal jurisprudence, as expounded hy the U. S. Supreme Court itself. I consider that it is necessary, in order to meet the issue presented, to ascertain and determine where the fee dwelt after the condemnation and sale of the property, and that the conclusion arrived at may he reached from another standpoint.

Writing on the right of property, civilians say, that ownership is perfect or imperfect. Ownership is the right hy which a thing belongs to some one in particular, to…

2Cases cited1 opinion

  1. Borland v. DeanU.S. Circuit Court for the District of Massachusetts · 1826

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