Nichols v. Havlat

I respectfully dissent from the conclusions stated in the opinion of the majority of this court, both as to law and fact.

The territorial legislature of 1855 passed an act entitled, “An Act to put into force in this territory the common law of England,” which common law of England, under conditions stated therein, was then by that act expressly “adopted and declared to be law within said territory.” 1 Complete Session Laws, 1855-1865, p. 144.

This language was reenacted and continued in force by the territorial legislature of 1866 as section 1, ch. VII of the Revised Statutes of 1866. In the…