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Updated: June 13, 2025
The point which is essential to understanding the common-law theory of possession is now established: that all bailees from time immemorial have been regarded by the English law as possessors, and entitled to the possessory remedies. It is not strictly necessary to go on and complete the proof that our law of bailment is of pure German descent.
Such a purpose does not appear and such a departure was not intended. Nevertheless, the troublesome question remained, to plague lawyers and the community generally, until it was finally put at rest and the statute once more planted on the firm ground of common-law rule and definition by the decisions in the Standard Oil and Tobacco cases.
Perhaps it is a modern notion that marriage is a union of trust and not of suspicion, of expectation of faithfulness the more there is freedom. At any rate, the tendency, notwithstanding the French decision, is away from the common-law suspicion and tyranny towards a higher trust in an enlarged freedom. And it is certain that the rights cannot all be on one side and the duties on the other.
But whichever argument prevails for the one form of action must prevail for the other. The discussion may therefore be shortened on its technical side, by confining it to trespass so far as may be practicable without excluding light to be got from other parts of the law. As has just been hinted, there are two theories of the common-law liability for unintentional harm.
The civil law, or Roman Code, was the law in Louisiana, and materially differed from the common or English law, which was the law of authority in Mississippi. Very few lawyers coming from the common-law States, have ever been able to succeed in Louisiana, especially after having practised in other States for any length of time. They have not only to learn the civil law, but to unlearn the common.
Let us come now to the jealousies, the real or imaginary wrongs of authorship: hereafter treat we this at lengthier; "for the time present" I quote the facetious Lord Coke, when writing on that highly exhilerating topic, the common-law "hereof let this little taste suffice."
Then he had torn himself away to study common-law pleading in the suspicious manner previously described. There was, however, no sign of resentment or of injured feelings in his face as he lit the gas in his own room.
It seems that the sergeant of the guard has a right to shoot a military convict if there be no other possible means of preventing his escape. The common-law distinction between felonies and misdemeanors has no application to military offenses.
Bridges v. Hawkesworth /1/ will serve as a starting-point. There, a pocket-book was dropped on the floor of a shop by a customer, and picked up by another customer before the shopkeeper knew of it. Common-law judges and civilians would agree that the finder got possession first, and so could keep it as against the shopkeeper.
"Very sensible of her, I'm sure." He twirled the hat. "Who is she?" "I thought I told you. She is Mrs. Paliser." Jeroloman waved that hat. "Well, well! I thought I told you. As it is, if you will take the trouble to look at the laws of 1901, you will find that common-law marriages are inhibited." "Hum! Ha!
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