It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute... The New-York Legal Observer - Page 289edited by - 1849Full view - About this book
| United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1877 - 648 pages
...much within the statute as if it were within the letter ; and that a thing which is in the letter of a statute, is not within the statute, unless it be within the intention of the makers. The Act in question is not a revenue law. There is in it no intention manifested to raise any revenue... | |
| Isaac Grant Thompson - National banks (U.S.) - 1878 - 1018 pages
...Gossett, 43 111. 297; The People ex rel. v. Miner, 46 111. 384. A thing which is in the letter of a statute is not within the statute unless it be within the intention of the makers. Bacon's Abridgment, title Statute, 385. "Where the intention of the legislature is not apparent to... | |
| Charles Sidney Whitman - Copyright - 1878 - 1224 pages
...the patent itself. First, it has been repeatedly decided, that " a thing which is in the ilctter of a statute is not within the statute, unless it be within the intention of the makers." Uwarris on Statutes, 692 ; Bac. Abr. Statute, T; 2Instit, 107, 386. Here, the great design of the whole... | |
| Law reports, digests, etc - 1915 - 1228 pages
...include the particular act." Trinity v. United States, 143 U. S. 457, 12 Sup. Ct. 511, 36 L. Ed. 226. "A thing which is within the letter of the statute...unless it be within the intention of the makers." Jackson v. Collins, 3 Cow. (NT) S9. See, also, Ryegate v. Wardsboro. ЯО Vt. 746 ; Murray v. Hobson,... | |
| John Hoff Stewart - Equity - 1879 - 826 pages
...best answer the intention which the makers had in view ; and a thing which is within the letter of a statute, is not within the statute unless it be within the intention of the makers. And a statute will sometimes receive such equitable construction as is contrary to the letter. These... | |
| Law reports, digests, etc - 1902 - 2074 pages
...believe that such was the intention of congress in the passage of the act. It Is a rule of construction that a thing which Is -within the letter of the statute...statute, unless it be within the intention of the makers of the law; and the court, in order to ascertain the intention of the law-making body, will look nt... | |
| Law reports, digests, etc - 1884 - 1902 pages
...intention of the makers of a statute, is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute...statute unless it be within the intention of the makers; and such construction ought to be put upon it as does not suffer it to be eluded." Holmes v. Carley,... | |
| Law reports, digests, etc - 1881 - 956 pages
...designed to be embraced in it. And in Gates v. Nat. Bank, 100 US 239, 24-i, Mr. Justice Harlan says that "a thing which is within the letter of the statute...is not within the statute unless it be within the meaning of the makers." In Whitney v. Emmett, Bald. 303, 316, it is said: " Laws are construed strictly... | |
| Irving Browne - National banks (United States). - 1880 - 638 pages
...intention of the makers of a statute is as much within the statute as if it were within the letter ; and a thing which is within the letter of the statute is not within the statute unless it be within the meaning of the makers." 15 Johns. 338, 380. For these reasons we are of opinion that the statutes of... | |
| Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1880 - 682 pages
...but was designed to limit and cut. off their allowances. "A thing which is within the letter of tlie statute is not within the statute, unless it be within the intention of the makers " (Innes agt. Purcell, supra ; Holmes agt Cartey, 31 tf. Y., 289, 290). Rumsey & Miller, opposed. THE... | |
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