| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 1002 Seiten
...it and the statute, and it does not appear that the Legislature intended to cover the whole subject. Statutes in derogation of the common law are to be strictly construed, unless as in some States, there is a provision to the contrary." And although we have a statute, in... | |
| Maine - 1915 - 1164 Seiten
...this act it shall construe it liberally and with a view to carrying out its general purpose. The ruK: that statutes in derogation of the common law are...strictly construed shall have no application to this act. Section 38. Xo proceedings under this act shall abate because of the death of the petitioner, but may... | |
| New Jersey. Court of Chancery - 1886 - 746 Seiten
...position, in reference to the rule of construction, is (1) that it is opposed to the well-recognized rule that statutes in derogation of the common law are to be construed strictly. See Sinnickson v. Johnston, ..' Harr. 144 ! Tlnsman v. Railroad Co., 2 Dutch. 167... | |
| Theodore Sedgwick - 1857 - 770 Seiten
...contracting with and conveying lands to each other."J To understand the meaning and present value of the rule that statutes in derogation of the common law are to be strictly construed, we must keep in mind the feelings of our ancestors in regard to that system of jurisprudence. They... | |
| Theodore Sedgwick - 1857 - 774 Seiten
...American soil, rest upon a surer basis than ancient customs. It would appear, therefore, that the doctrine that statutes in derogation of the common law are to be strictly construed, has now truly no solid foundation in our jurisprudence ; and, though it will long, no doubt, be familiar... | |
| New York (State). Superior Court (New York), Joseph S. Bosworth - 1859 - 756 Seiten
...a view to substantial justice between the parties, (Code, § 159). And again it is enacted (§ 467) that the rule, that statutes in derogation of the common law, are to be strictly construed, has no application to the code. Rowland v. Phalen. tation of its words when no beneficial purpose renders... | |
| New York (State). Commissioners of the Code - 1859 - 670 Seiten
...Construction of the Code. J 1125. Repeal of former statutes. 1126. Time when Code takes effect. § 1124. The rule that statutes in derogation of the common law are to be strictly construed has no application to this Code. § 1125. All statutes, laws, and rules heretofore lUtUtM. .,. . .... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1864 - 626 Seiten
...this, in all cases, as to instruments which are the foundation of the action. Hence, by the general rule, that statutes in derogation of the common law, are to be strictly construed; pleadings, where the statute has not prescribed differently, may be as at common law. In this case... | |
| Oliver Lorenzo Barbour - 1864 - 712 Seiten
...unius &c. excludes them by construction from being that character of property. It is to be remarked that statutes in derogation of the common law are to be strictly construed in this regard ; and the common law is not abrogated by mere implication, when both the common law... | |
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