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✵ 1722 – 7. Junho 1770
Joseph Yates (judge): 19 citações0 Curtidas

Joseph Yates (judge) frases e citações

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“A lei comum da Inglaterra deve direcionar a determinação de uma questão de direito comum. Por determinações do direito comum estamos ligados; e para eles devemos sempre aderir: pois estas são as próprias declarações constitucionais da lei da terra. Eles são tão considerados, até mesmo pelo próprio Tribunal de Chancelaria. Quando qualquer dúvida surge em uma causa de eqüidade em relação a um ponto de direito comum, geralmente é referida a determinação de um Tribunal de Direito Comum.”

Joseph Yates (judge)

Joseph Yates (judge): Frases em inglês

“The law is too tenacious of private peace, to suffer litigations to be negotiable.”

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Joseph Yates (judge)

4 Burr. Part IV., 2385.
Dissenting in Millar v Taylor (1769)

“center>Sacred to the Memory
of the Honorable
Sir Joseph Yates, Knight,
of Peel Hall in Lancashire,
successively a Judge of the Courts
of King's Bench and Common Pleas;
whose merit advanced him to the
feat of Justice, which he filled with the most
distinguished abilities and invincible integrity.
He died the 7th day of June 1770,
in the 48th year of his age,
leaving the world to lament the loss
of an honest Man and able Judge,
firm to assert
and strenuous to support
the laws and constitution
of his Country.

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Joseph Yates (judge)

Monument inscription, British History Online: Cheam http://www.british-history.ac.uk/report.aspx?compid=45375. <br class="br">About

“Nothing but what has visible substance, is capable of actual possession.”

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Joseph Yates (judge)

4 Burr. Part IV., 2384.
Dissenting in Millar v Taylor (1769)

“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.”

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Joseph Yates (judge)

4 Burr. Part IV., 2387.
Dissenting in Millar v Taylor (1769)

“The sheriffs of London have been immemorially the sheriff of Middlesex.”

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Joseph Yates (judge)

Case of John Wilkes (1763), 19 How. St. Tr. 1096.

“The Court must have ministers : the attornies are its ministers.”

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Joseph Yates (judge)

Mayor of Norwich v. Berry (1766), 4 Burr. Part IV., p. 2115.

“It is certain that every man has a right to keep his own sentiments, if he pleases: he has certainly a right to judge whether he will make them public, or commit them only to the sight of his own friends. In that state the manuscript is, in every sense his peculiar property; and no man can take it from him or make any use of it which he has not authorized, without being guilty of a violation of his property.”

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Joseph Yates (judge)

4 Burr. Part IV., 2379.
Dissenting in Millar v Taylor (1769)

“It is proper to inquire into the practice and precedents; and to see whether they have been uniform and concomitant.”

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Joseph Yates (judge)

Rex v. Wilkes (1769), 4 Burr. Part IV., 2548.

“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.”

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Joseph Yates (judge)

Fonte: Dissenting in Millar v Taylor (1769) 4 Burr, Part IV., 2377.

“I wish as sincerely as any man, that learned men may have all the encouragements, and all the advantages that are consistent with the general right and good of mankind.”

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Joseph Yates (judge)

4 Burr. Part IV., 2394.
Dissenting in Millar v Taylor (1769)

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

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Joseph Yates (judge)

4 Burr. Part. IV., 2386.
Dissenting in Millar v Taylor (1769)

“The Courts can take no notice of anything but what comes judicially before them.”

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Joseph Yates (judge)

Rex v. Wilkes (1769), 4 Burr. Part IV., 2533.

“Improvement in learning was no part of the thoughts or attention of our ancestors.”

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Joseph Yates (judge)

4 Burr. Part IV., 2387.
Dissenting in Millar v Taylor (1769)

“Every reward has its proper bounds.”

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Joseph Yates (judge)

4 Burr. Part IV., 2391.
Dissenting in Millar v Taylor (1769)

“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.”

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Joseph Yates (judge)

4 Burr. Part IV., 2368.
Dissenting in Millar v Taylor (1769)

“Old rights must remain: it would be very unreasonable if it should be otherwise.”

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Joseph Yates (judge)

Mayor, &c. of Colchester v. Seaber (1765), 3 Burr. Part IV. 1872.

“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.”

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Joseph Yates (judge)

4 Burr. Part IV., 2377.
Dissenting in Millar v Taylor (1769)

“Ideas are free. But while the author confines them to his study, they are like birds in a cage, which none but he can have a right to let fly : for till he thinks proper to emancipate them, they are under his own dominion.”

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Joseph Yates (judge)

4 Burr. Part IV., 2379.
Dissenting in Millar v Taylor (1769)