Blacks Law - 4th Edition
LAW OF THE LAND
LAW OF THE LAND. Due process of law (q. v.).
By the law of the land is most clearly intended
the general law which hears before it condemns,
which proceeds upon inquiry, and renders judgment
only after trial. Dupuy v. Tedora, 204 La.
560, 15 So.2d 886, 891. The meaning is that every
citizen shall hold his life, liberty, property, and
immunities under the protection of general rules
which govern society. Rich Hill Coal Co. v. Bra-shore, 334 Pa. 449, 7 A.2d 302, 316; In re Stobie's
Estate, 30 Cal.App.2d 525, 86 P.2d 883, 885.
Everything which may pass under the form of an enactment
is not the law of the land. Sedg.St. & Const.Law,
(2d Ed.) 475. When first used in Magna Charta, the phrase
probably meant the established law of the kingdom, in
opposition to the civil or Roman law. It is now generally
regarded as meaning general public laws binding on all
members of the community. Janes v. Reynolds, 2 Tex. 251;
Beasley v. Cunningham, 171 Tenn. 334, 103 S.W.2d 18, 20,
110 A.L.R. 306. It means due process of law warranted by
the constitution, by the common law adopted by the constitution,
or by statutes passed in pursuance of the constitution.
Mayo v. Wilson, 1 N.H. 53.
LAW OF THE LAND. Due process of law (q. v.).
By the law of the land is most clearly intended
the general law which hears before it condemns,
which proceeds upon inquiry, and renders judgment
only after trial. Dupuy v. Tedora, 204 La.
560, 15 So.2d 886, 891. The meaning is that every
citizen shall hold his life, liberty, property, and
immunities under the protection of general rules
which govern society. Rich Hill Coal Co. v. Bra-shore, 334 Pa. 449, 7 A.2d 302, 316; In re Stobie's
Estate, 30 Cal.App.2d 525, 86 P.2d 883, 885.
Everything which may pass under the form of an enactment
is not the law of the land. Sedg.St. & Const.Law,
(2d Ed.) 475. When first used in Magna Charta, the phrase
probably meant the established law of the kingdom, in
opposition to the civil or Roman law. It is now generally
regarded as meaning general public laws binding on all
members of the community. Janes v. Reynolds, 2 Tex. 251;
Beasley v. Cunningham, 171 Tenn. 334, 103 S.W.2d 18, 20,
110 A.L.R. 306. It means due process of law warranted by
the constitution, by the common law adopted by the constitution,
or by statutes passed in pursuance of the constitution.
Mayo v. Wilson, 1 N.H. 53.
