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" is the ascendancy of the law of actions in the infancy of courts of justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure. "
Dissertations on Early Law and Custom: Chiefly Selected from Lectures ... - Page 389
by Henry Sumner Maine - 1883 - 402 pages
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Report of the ... Annual Meeting of the American Bar Association, Volume 38

American Bar Association - Bar associations - 1913 - 1216 pages
...a notable sentence in one of Sir Henry Maine's books. " So great," he declares, " is the ascendancy of the law of actions in the infancy of courts of justice, that substantive law has at first Ihe look of being gradually secreted in the interstices of procedure." I will add to his observation...
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Harvard Law Review, Volume 30

Electronic journals - 1917 - 914 pages
...to procedure. 11 "The forms of action are given, the causes of action must be deduced therefrom." 12 "So great is the ascendency of the Law of Actions...gradually secreted in the interstices of procedure." 13 Certain forms of personal action were recognized by the courts. A plaintiff had no remedy unless...
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Johns Hopkins University Studies in Historical and Political ..., Issue 11

Johns Hopkins University - History - 1892 - 260 pages
...subordinate place.' And yet in early days it was notoriously otherwise. So great is the ascendancy of the law of actions in the infancy of courts of...secreted in the interstices of procedure ; and the early lawyers can only see the law through the envelope of its technical forms.5 The earliest known codes...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 138

New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1910 - 1076 pages
...Maine declared : " So great is the ascendancy of the Law of Second Department, April, 1910. [Vol. Iij8. Actions in the infancy of Courts of Justice that substantive...of being gradually secreted in the interstices" of the forms of action. (Maine Early Law & Customs, 389.) This ascendency of procedure begat the system...
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American Law School Review, Volume 3

Law - 1911 - 754 pages
...common-law actions, quotes with strong approval Sir Henry's declaration: "So great Is the nscondnncy of the law of actions In the Infancy of courts of...procedure, and the early lawyer can only see the law In the envelope of Its technical form." This Is only Sir Henry's way of saying that In the early days...
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The New York Supplement, Volume 122

Law reports, digests, etc - 1910 - 1340 pages
...of a right than it was to possess a right. As Sir Henry Maine declared : "So great Is the ascendancy of the law of actions In the Infancy of courts of justice that substantive law had at first the look of being gradually secreted In the interstices of the forms of action." Maine's...
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Annual Report of the American Bar Association: Including ..., Volume 37

American Bar Association - Bar associations - 1912 - 1290 pages
...series of lectures on the common law actions, quotes with strong approval Sir Henry's declaration : " So great is the ascendency of the law of actions in...procedure, and the early lawyer can only see the law in the envelope of its technical form." This is only Sir Henry's way of saying that in the early days...
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The Rise and Fall of the High Commission

Roland Greene Usher - 1913 - 1008 pages
...Then no remedy meant no right. Further, the litigant needed, to know, 1 ' So great is the ascendancy of the law of actions in the infancy of courts of...gradually secreted in the interstices of procedure ' : • Maine, Early Law and Custom, 168, 389. not only that he had a right and one for which there...
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Higher Nationality: A Study in Law and Ethics

Richard Burdon Haldane Haldane (Viscount) - Law - 1913 - 62 pages
...a notable sentence in one of Sir Henry Maine's books. " So great," he declares, " is the ascendancy of the Law of Actions in the infancy of Courts of...gradually secreted in the interstices of procedure." I .will add to his observation this : that all our reforms notwithstanding, the dead hands of the old...
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Higher Nationality

Richard Burdon Haldane Haldane (Viscount) - 1914 - 30 pages
...of rights. I recall a notable sentence in one of Sir Henry Maine's books. "So great," he declares, "is the ascendency of the law of actions in the infancy...gradually secreted in the interstices of procedure." I will add to his observation this: That all our reforms notwithstanding, the dead hands of the old...
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