Swift v. Tyson

Could there be things that have become part of the general law in 2026, even if they were more inchoate in 1866 and vice versa?

And so say if Erie had never happened and we still had Swift v. Tyson today, it could be that courts today, you're saying, would just look to whatever today's general law is and maybe they'd apply that even if it wasn't the general law in 1868.

Right,

exactly.

The common law is the fountain source of substantive and remedial rights, if not our very liberties.

For that, see Stephen A. Treaties on the Principles of Pleading, Stephen A. Treaties on the Principles of Pleading, Introduction, page 23, and Hemingway, History of Common Law Pleading as Evidence of the Growth of Individual Liberty and Power of the Courts, 5 Alabama Law Journal, 1 Swift v. Tyson, 16 Peters 1, 10 L. Ed.

865, the Constitution, Article 3, Section 2, and Amendments 7, 9, and 10.

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