This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed... Atlantic Reporter - Σελίδα 1191886Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
| Ireland. Court of King's Bench - 1843 - 660 σελίδες
...true reason of the remedy." — Dwar. on Stat. 694, 695. The law rather infers, that the Legislature did not intend to make any alteration other than what...specified, and besides what has been plainly pronounced. If the Parliament had had that design, it is naturally said, they [would have expressed it; and the... | |
| Arkansas. Supreme Court - 1841 - 662 σελίδες
...rule of exposition, statutes are to be construed in reference to the principles of the common law. For the law rather infers that the act did not intend to make any alteration in the common law, other than that what is specified. See Dwarris on Statutes, is. Law Library, construction... | |
| Samuel Warren - 1845 - 1174 σελίδες
...realm, is vested in the Courts of Common Law, and governed by its principles.* It is not to be presumed that the legislature intended to make any innovation...specified, and besides what has been plainly pronounced : for if the Parliament had had that design, it is naturally said, that they would have expressed it.f... | |
| New York (State). Supreme Court, John Lansing Wendell - 1846 - 722 σελίδες
...are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation...common law, further than the case absolutely required. This," says Chancellor Kent, 1 KenCs Comm. 462, " has been the language of the courts in every age."... | |
| E. Fitch Smith - 1848 - 1040 σελίδες
...are to be construed in reference to the jninciples of the common law. For it is not to be presumed that the legislature intended to make any innovation...that the act did not intend to make any alteration, otiier than what is specified, and besides what has been plainly pronounced ; for if the legislature... | |
| Georgia. Supreme Court - 1848 - 702 σελίδες
...are to be construed in reference to the principles of the Common Law ; for it is not to be presumed that the Legislature intended to make any innovation...Common Law, further than the case absolutely required. 1 Kent, 463. With such views of the Act of 1S42, and guided by the usual rules of statutory construction,... | |
| James Kent - 1851 - 706 σελίδες
...likewise to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation...common law, further than the case absolutely required. This has been the language of the courts in every age ; and when we consider the constant, vehement... | |
| George Bowyer - 1851 - 218 σελίδες
...likewise to be construed in reference to the principles of the Common Law, for it is not to be presumed that the legislature intended to make any innovation...Common Law further than the case absolutely required. This has been the language of the Courts in every age : and when we consider the constant, vehement,... | |
| Nathan Howard (Jr.) - 1852 - 496 σελίδες
...562,) and the same author says, " it is not to be presumed that the Legislature intended to make an innovation upon the common law further than the case...specified and besides what has been plainly pronounced ; for if the Parliament had had that design, it is naturally said they would have expressed it. (Dwar.... | |
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