 Parker remarked, conceding that statutes in derogation of the common law are to be construed strictly, " they are also to be construed sensibly, and with a view to the object aimed at by the legislature.  The Central Law Journal - Page 1621909Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1817 - 528 pages
...only remaining question is whether belligerent property can change in tmnsitu. Belligerent rights, in derogation of the common law, are to be construed strictly. They are not to be extended further than the slate of war requires. 3 Rob. 161, Prow Anna Cutliurum. The rules... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1886 - 746 pages
...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 ; Potter' x Dodd... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...derogation of common law, and to be construed strictly, he admitted this was true, but that it was also to be construed sensibly, and with a view to the object aimed at by the legislature." § 526. The same rule was adopted and applied in the case of Tfiompson v. £!gbert.(a)... | |
 | John Bouvier - Law - 1854 - 674 pages
...chap. 2, sec. 2. No. 90. provisions, if it is generally beneficial, may be equitably construed. (a) Statutes in derogation of the common law are to be construed strictly. (6) SECTION 2. OF THE LIBERAL CONSTRUCTION. 89. In civil cases, a liberal interpretation must be adopted... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1855 - 830 pages
...part of the crops, unless his wife join in a deed, and have the same acknowledged and recorded, &c. Statutes in derogation of the common law, are to be construed strictly, and cannot be extended further than the express wording of the statute will warrant. Paine v. Ely et... | |
 | Theodore Sedgwick - Constitutional history - 1857 - 770 pages
...that statutes made in derogation of the common law are to be construed strictly. This is true, but they are also to be construed sensibly, and with a view to the object aimed at by the legislature." And so it was held that a statute exempting one cow and one swine from exemption, applied... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 718 pages
...afterwards from sale under execution. It has been already remarked that the defendant's counsel insists, that statutes in derogation of the common law are to be construed strictly. And yet the rule, in some of the courts, has been sometimes modified on the one hand, and on the other... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 508 pages
...that statutes, made in derogation of the common law, are to be construed strictly. This is truo ; but they are also to be construed sensibly, and with a view to the object aimed at by the legislature. As to cases of difficulty which may arise, such as the debtor having one swine alive,... | |
 | Thomas McIntyre Cooley - Constitutional law - 1868 - 776 pages
...designed to remedy, 65. he who considers the letter merely, goes but skin deep into th meaning, 84. statutes in derogation of the common law are to be construed strictly, 61 'n. an argument drawn from inconvenience is forcible in the law 67-71. general principles, no man... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1876 - 886 pages
...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. HOAX, J^in Edwards... | |
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