| Law - 1890 - 542 pages
...and they are to be liberally construed, with a view to effect its objects, and promote justice — the rule of the common law, that statutes in derogation thereof are to be strictly construed, having been abolished here; but, where the code it silent, the common law governs." So here, where... | |
| California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...eighteen hundred and seventy-three. 3. No part of it is retroactive, unless expressly so declared. 4. The rule of the common law, that statutes in derogation...the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to... | |
| California, Creed Haymond, John Chilton Burch, John H. McKune - California - 1872 - 650 pages
...Limitations shall continue to run. 3. No part of it is retroactive, unless expressly so declared. 4. The rule of the common law 'that statutes in derogation...the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to eft'ect its objects and... | |
| California - California - 1872 - 832 pages
...of the '.'olitical Cede. SEC. 3. No part of it is retroactive unless expressly so declared. SEC. 4. The rule of the common law that statutes in derogation...Code establishes the law of this State respecting i]lc subjects to which it relates, • * * • and its provisions qi\>J 1jir •proceedings under it... | |
| California - Civil procedure - 1872 - 698 pages
...keep them confined in their own inclosures does not prevail. — Waters vs. Moss, 12 Cal., p. 538. The rule of the common law that statutes in derogation...strictly construed, has no application to this Code. — See Sec. 4, anto, and note. In N orris vs. Harris, 15 Cal., p. 252, the Court said: " There is... | |
| Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...act shall be known as the Code of Civil Procedure of the State of Ohio. SEC. 2. RULE OF CONSTRUCTION. The rule of the common law, that statutes in derogation'...strictly construed, has no application to this Code. Its provisions, and all proceedings under it, shall be liberally construed, with a view to promote... | |
| California - California - 1874 - 808 pages
...the Civil Code, Vol. I; Bcnsley vs. Ellis, 39 Cal., p. 309. Construction of the I VI i I it: ill 4. The rule of the common law that statutes in derogation thereof are to be strictly construed, has no applicatio'h to this Code. The Code establishes the law of this State respecting the subjects to which... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1897 - 598 pages
...Conv. (4th Ed.) 22, 23; 2 Bigelow, Fraud, pp. 292, 293 and note; Gardner v. Parmalee, 31 Ohio St. 551. The rule of the common law, that statutes in derogation...thereof are to be strictly construed, has no application in this state, and the Code should be liberally construed with a view to effect its objects and to... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1911 - 694 pages
...is always to be considered, and whenever applicable to be heeded, provides as follows: "The rule of common law that statutes in derogation thereof -are to be strictly construed has no application to the Revised Statutes. The Revised Statutes establish the law of this state respecting the subjects... | |
| |