 | Daniel Roberts - 1889 - 374 sider
...DECISIS. See PRACTICE, 26, 27. STATE PAY. See SOLDIER. STATUTE. 1. Construction. Although the ancient rule, that statutes in derogation of the common law are to be strictly construed, has been considerably relaxed in modern times, if indeed it now has any solid foundation in our jurisprudence,... | |
 | District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1890 - 678 sider
...purpose. Platt vs. Union Pacific RR. Co., 99 US, 59 ; PM Genl. vs. Early, 12 Wheat., 148. 4. The dogma that statutes in derogation of the common law are to be strictly construed has really no place in our jurisprudence. There is no reason why they should be construed differently... | |
 | Charles Fisk Beach (Jr.) - 1891 - 832 sider
...39 Me. 571. lyn, 120 US 747. Thus in Mer§ 147. Construction of statutes.— The general principle that statutes in derogation of the common law are to be strictly construed, has been frequently applied to acts and charters under which the creditors of corporations have sought... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1891 - 706 sider
...occasioned the injury. In other words, it is the cause of action, not the liability, that survives." Statutes in derogation of the common law are to be strictly construed, and one who seeks to maintain an action which was within the prohibition of the common law must be... | |
 | 1892 - 1092 sider
...further than the case absolutely requires, (Bumside v. Whitney, 21 NY 148.) or, as the books state it, that statutes in derogation of the common law are to be strictly construed, (Suth. St. Const. g§ 207, 400.) This rule applies to all slatutes, whether they are those called "remedial"... | |
 | 1896 - 852 sider
...law by making that which would otherwise be the husband's, the property of the wife, it comes within the rule that statutes in derogation of the common law are to be construed strictly. It is argued that, unless such was the intention of the Legislature, Ordinance... | |
 | 1899 - 888 sider
...the same subject; but an equivalent and equally forcible rule of construction does apply generally, that statutes in derogation of the common law, are to be strictly construed, and carried no farther than thei words necessarily require. This is so because as Broom has said: Changes... | |
 | Hawaii - 1915 - 456 sider
...or accidents which occur, prior to the taking effect hereof. EULES OF CONSTRUCTION. SECTION 64. (a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this Act. (b) This Act shall be so interpreted and construed as to effect... | |
 | Massachusetts. Supreme Judicial Court - 1901 - 692 sider
...statutes themselves, but also the law as it stood before their pasCommonwealth v. Kidder. sage, and the rule that statutes in derogation of the common law are to be construed strictly. A nuisance at common law may consist in the keeping or manufacture of gunpowder,... | |
 | Joseph Henry Budd - 1902 - 800 sider
...it must be strictly construed. That case was decided in 1867, and the rule now is, that the former rule, that statutes in derogation of the common law are to be strictly construed, has no application to the Code of Civil Procedure.58 The court may determine any controversy between... | |
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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. 
