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Mansfield ruled to admit the testimony against the child's legitimacy and grant a new trial. The term "Lord Mansfield's Rule" is often used in a slightly different sense to denote the principle still applied in several jurisdictions [82] that marriage creates a conclusive presumption of a husband's paternity of his wife's child. [83] [84]
Somerset v Stewart (1772) 98 ER 499 (also known as Sommersett v Steuart, Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench in 1772, relating to the right of an enslaved person on English soil not to be forcibly removed from the country and sent to Jamaica for sale.
This list of cases involving Lord Mansfield includes his major reported legal judgments, particularly during the time that Lord Mansfield served as the Lord Chief Justice of the English Court of the King's Bench from 1756 to 1788.
Lord Mansfield was the pre-eminent judge of his age, and decided a host of seminal cases, many of which laid the foundations for commercial law and remain good law to this day. Pages in category "Lord Mansfield cases"
Lord Mansfield's opinion in the case was widely read and commented on in the colonies. Slavery, Lord Mansfield ruled, had no basis in "natural law" and could only be maintained through "positive law". As slavery had never been enacted by English law, it did not legally exist in England and no person on English soil could be held in bondage.
The 1776 earldom was created with remainder to Louisa Murray (née Cathcart), Lady Stormont (daughter of Charles Schaw Cathcart, 9th Lord Cathcart), second wife of his nephew David Murray, 7th Viscount of Stormont, while the 1792 earldom (referring to a fictitious Mansfield in Middlesex to differentiate it from the first earldom) [2] was ...
Three Londoners had applied to Lord Mansfield for a writ of habeas corpus, which had been granted, with Somerset having to appear at a hearing on 24 January 1772. Members of the public responded to Somerset's plight by sending money to pay for his lawyers (who in the event all gave their services pro bono publico ), while Stewart's costs were ...
In Manifest Shipping Co Ltd v Uni-Polaris Shipping Co Ltd [1] John Hobhouse, Baron Hobhouse of Woodborough said, . As Lord Mustill points out, Lord Mansfield was at the time attempting to introduce into English commercial law a general principle of good faith, an attempt which was ultimately unsuccessful and only survived for limited classes of transactions, one of which was insurance.