| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 1002 pàgines
...it and the statute, and it does not appear that the Legislature intended to cover the whole subject. Statutes in derogation of the common law are to be strictly construed, unless as in some States, there is a provision to the contrary." And although we have a statute, in... | |
| Maine - 1915 - 1164 pàgines
...this act it shall construe it liberally and with a view to carrying out its general purpose. The ruK: that statutes in derogation of the common law are to be strictly construed shall have no application to this act. Section 38. Xo proceedings under this act shall abate because... | |
| Theodore Sedgwick - 1857 - 774 pàgines
...American soil, rest upon a surer basis than ancient customs. It would appear, therefore, that the doctrine that statutes in derogation of the common law are to be strictly construed, has now truly no solid foundation in our jurisprudence ; and, though it will long, no doubt, be familiar... | |
| New York (State). Superior Court (New York), Joseph S. Bosworth - 1859 - 756 pàgines
...substantial justice between the parties, (Code, § 159). And again it is enacted (§ 467) that the rule, that statutes in derogation of the common law, are to be strictly construed, has no application to the code. Rowland v. Phalen. tation of its words when no beneficial purpose renders... | |
| New York (State). Commissioners of the Code - 1859 - 670 pàgines
...of the Code. J 1125. Repeal of former statutes. 1126. Time when Code takes effect. § 1124. The rule that statutes in derogation of the common law are to be strictly construed has no application to this Code. § 1125. All statutes, laws, and rules heretofore lUtUtM. .,. . .... | |
| 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 - 1864 - 626 pàgines
...in all cases, as to instruments which are the foundation of the action. Hence, by the general rule, that statutes in derogation of the common law, are to be strictly construed; pleadings, where the statute has not prescribed differently, may be as at common law. In this case... | |
| Oliver Lorenzo Barbour - 1864 - 712 pàgines
...unius &c. excludes them by construction from being that character of property. It is to be remarked that statutes in derogation of the common law are to be strictly construed in this regard ; and the common law is not abrogated by mere implication, when both the common law... | |
| New York (State). Commissioners of the Code, New York (State). - 1865 - 896 pàgines
...there is no common law, in any case, where the law is declared by the five Codes. § 2032. The rule that statutes in derogation of the common law are to be strictly construed, has no application to this Code. § 2033. All statutes, laws and rules heretofore in force in thia... | |
| 1867 - 616 pàgines
...abrogated. In reference even to private relations, its doctrines are materially changed. The doctrine, "that statutes in derogation of the Common Law are to be strictly construed," has now in reality no solid foundation either in American or English jurisprudence; and, though for... | |
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