 | Law - 1875 - 438 pages
...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... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1902 - 1050 pages
...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... | |
 | Electronic journals - 1872 - 854 pages
...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 - Law reports, digests, etc - 1873 - 780 pages
...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 - Constitutional law - 1874 - 750 pages
...Dyson v. West's Exic. 1 Ear. aod J. 567. 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... | |
 | Seymour Dwight Thompson - Exemption (Law) - 1878 - 884 pages
...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,... | |
 | Law reports, digests, etc - 1895 - 2084 pages
...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... | |
 | American Bar Association - Bar associations - 1883 - 1094 pages
...that in "Striving to better, oft we mar what's well" — whether it is indeed fortunate or not that statutes in derogation of the common law are to be strictly construed, so as to encourage any alteration of the existing law as little as possible, or, as the objectors to... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1884 - 880 pages
...[ilinor considerations omitted.] ON PETITION FOR A KEHEARING. ELLIOTT, J. It is a familiar rule that statutes in derogation of the common law are to be strictly construed, and our statute of 1879, concerning the rights and liabilities of married women, is certainly in. derogation... | |
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This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it. 
