| North Carolina. Supreme Court - 1876 - Страниц: 886
...Am. Notes to Hulme v. Tenant, ls» White and T. Leading Cases, Eq., at page 537 ; and consequently the rule, that statutes in derogation of the common law, are to be construed strictly, here applies with all its force. Draper \. Jordan, 5 Jones' Eq., at pages 176-77.... | |
| 1875 - Страниц: 438
...v. Stivers, 28 Iowa, 802, is, therefore, not an authority here. We apprehend that a due regard for the rule that statutes in derogation of the common law are to be strictly construed would preclude the construction for which our correspondent contends. ED. AL ,1 , ] THE CENTRAL VERMONT... | |
| 1884 - Страниц: 550
...warning, "Striving to better, oft we mar what's well ; " and whether it is indeed fortunate or not that statutes in derogation of the common law are to be strictly construed, BO as to encourage any alteration of the existing law as little as possible, or as the objectors to... | |
| Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1902 - Страниц: 1050
...64. Buckmaster v. McElroy, 20 Nebr., 557, 564. In the former opinion GANTT, J., appears to lay down the rule that statutes in derogation of the common law are to be strictly construed. In the latter, COBB, J., lays down the opposite rule. The first section of the Code of Civil Procedure... | |
| 1872 - Страниц: 854
...banks or bankers — which was never intended, or it would have been easily expressed. It is also a rule that statutes in derogation of the common law are to be strictly construed. Bussing v. Bushnell, 6 Hili 382- Sue v. Alter, 5 Dan. 119. Though I place but little emphasis upon... | |
| New York (State). Court of Appeals, Hiram Edward Sickels - 1873 - Страниц: 780
...on banks or bankers, which was never intended, or it would have been easily expressed. It is also a rule that statutes, in derogation of the common law, are to be strictly construed. (Bussing v. BushneU, 6 Hill, 382 ; Rue v. Alter, 5 Denio, 119.) Though I place but littLe emphasis... | |
| Theodore Sedgwick - 1874 - Страниц: 750
...thus stated these two decisions at large, because they illustrate in a striking manner the working of the rule that statutes in derogation of the common law are to be construed strictly, and show how an application of it may override positive mandates of a Legislature... | |
| Seymour Dwight Thompson - 1878 - Страниц: 884
...statutes restrictive of this right are not in derogation of the common law, and are not subject to the rule that statutes in derogation of the common law are to be strictly construed ; although one or two judges have fallen into the error of supposing otherwise.2 Hence the courts,... | |
| 1895 - Страниц: 2084
...the existing law which is above quoted. With reference thereto, the court said: "The general rule is that statutes in derogation of the common law are to be strictly construed. Certainly, a proper regard for this rule forbids the enlargement of a statute by construction so as... | |
| 1910 - Страниц: 2132
...S. & MR Co., supra), and the statute is in derogation of the common law. But although penal laws and statutes in derogation of the common law are to be strictly construed, and not extended beyond their plain meaning, yet the intention of the Legislature must govern in the... | |
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