| 1886 - 940 halaman
...make a general assignment of his or its estate for the benefit of creditors," etc. 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... | |
| 1909 - 1162 halaman
...think Acts 1864, p. 341, c. 252 (Code Pub. Gen. Laws 1904, art. 21, 5 70), applicable to this case. Statutes In derogation of the common law are to be strictly construed, and the covenant now under consideration appears to be beyond the immediate scope and object of that... | |
| California. Supreme Court - 1886 - 744 halaman
...restitution of the real estate in complaint mentioned. Forfeitures are not favored by the common law, and statutes in derogation of the common law are to be strictly construed. It certainly would be a great hardship, to hold that a landlord may make demand generally for rent... | |
| 1903 - 1168 halaman
...virtue of the exception which this statute has created to the general rules of the common law, and statutes In derogation of the common law are to be strictly construed. • • » Whoever, therefore, would avail himself of the provisions of the statute in question, must... | |
| 1912 - 1356 halaman
...oftentimes invoked In prior constructions of these sections of the law. Instead of applying the rigid rule that statutes In derogation of the common law are to be strictly construed, the rule was applied that the statute, being highly remedial, should be liberally construed to effect... | |
| 1907 - 1348 halaman
...as the Supreme Court of Oblo and the Court of Appeals of New York bave, and reached the conclusion: "That 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... | |
| 1907 - 728 halaman
...tanto no longer law. Against this " negative intendment " the writer also invokes the dogma that all statutes in derogation of the common law are to be strictly construed. His dogma is happily obsolescent.' In view of a century's statutory efforts to subvert it, the common... | |
| 1887 - 1016 halaman
...strictly construed. Cone v. Bowlts, 1 Salk. 205; Rex v. Glastonby, Cas. t. Hardw. 357; Dwarris, Stat. 644. Statutes in derogation of the common law are to be strictly construed.. Coke, Inst. 282, pt. 3, $ 485; Crayton v. Jfunger, 11 Tex. 234. Costs are or ought to he allowed simply... | |
| 1887 - 542 halaman
...reason as of the authorities, at page 274 says: 'It would appear therefore that the doctrine that the statutes in derogation of the common law are to be strictly construed, has now no foundation in our jurisprudence.' The same author defines a remedial act to be one of those... | |
| 1914 - 1304 halaman
...COMPLIANCE. Statutes authorizing the adoption of children and the abrogation of the relation, like other statutes In derogation of the common law, are to be strictly construed, and the mode prescribed must be substantially complied with. [Ed. Note. — For other cases, see Adoption,... | |
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