...Congress, passed September 24th, '89, organizing the Federal Courts, the thirty-fourth section provides that " the LAWS of the several states, except where...statutes of the United States shall otherwise require or provme, shall be reminded as rules ol decision in trials at common law, in the Couitsot the United...

...unconstitutionally on general principles. Congress have declared, in the 34th section of the Judiciary Act,* that the laws of the several states, except where...States shall otherwise require or provide, shall be re garded as rules of decision in trials of common law in the courts of the United States, in cases...

...Sept. 24th' 1789» which provides—" that the laws of the several ' ' states," except, &.c. " shall be regarded as rules of decision, in trials at common...of the United States, in cases where they apply." These state laws include the common law, as it exists in each state. The federal courts can use it...

...[Approved, September 24, 1789.] contains the following provision. " SECT. 34. And be it further enacted, That the laws of the " several states, except where the constitution, treaties, or stat" tutes of the United States, shall otherwise require or provide, " shall be regarded as rules...

...are not applicable to the case. This is provided for by the following section of the act of 1789 : " The laws of the several states, except where the constitution,...the courts of the United States, in cases where they apply."58 It will presently be seen, however, that this provision is not construed to extend to the...

...unconstitutionally on general principles. Congress have declared in the 34th section of the Judiciary Act,* that the laws of the several states, except where...provide, shall be regarded as rules of decision in trials of common law in the courts of the United States, in cases where they apply. In determining what is...

...of the common law to civil cases in the federal courts. The judiciary act of 1789,'' had declared, that the laws of the several states, except where the constitution, treaties, or statutes of the Union, otherwise required, should be regarded ns rules of decision in trials at common law in the courts...

...several other cases. And consequently we find, in the 34th section of the judiciary act, a provision " that the laws of the several States, except where...regarded as rules of decision in trials at common in the courts of the United States in cases where they apply." And in the case of the United States...

...States, except where n"jial». f° " tlie constitution, treaties or statutes of the United court. States otherwise require or provide, shall be regarded as...of the United States, in cases where they apply." Rev. St. § 721 ; Judiciary Act,.§ 34, I US St. at Large, 92. This statute has been often the subject...

...several other cases. And conrequently we find, in the 34th section of the judiciary act, a provision " that the laws of the several States, except where...United States shall otherwise require or provide, shall he regarded as rules of decision in trials at common in the courts of the United States in cases where...