| 1835 - 520 페이지
...equity of the act of 1789, they may obtain the actual possession by a peaceable entry without action. For it is not to be presumed that the legislature intended to compel the executor or administrator to institute an action at law, when the fruits of it might be... | |
| Arkansas. Supreme Court - 1841 - 662 페이지
...statute intend to give? Fourth, the true reason of the remedy. Further, as a rule of exposition, statutes are to be construed in reference to the principles of the common law. For the law rather infers that the act did not intend to make any alteration in the common law, other than... | |
| Samuel Warren - 1845 - 1174 페이지
...the statutes of the realm, is vested in the Courts of Common Law, and governed by its principles.* It is not to be presumed that the legislature intended...Common Law, further than the case absolutely required. The law rather infers that the Act did not intend to make any alteration, other than what is specified,... | |
| Georgia. Supreme Court - 1848 - 702 페이지
...favor the policy. But it is not doubtful. In construing Statutes, the Common Law is to be considered. They are to be construed in reference to the principles...Common Law, further than the case absolutely required. 1 Kent, 463. With such views of the Act of 1S42, and guided by the usual rules of statutory construction,... | |
| E. Fitch Smith - 1848 - 1004 페이지
...lock and key that sets open the windows of the statute.(rf) Further, as a rule of exposition, statutes are to be construed in reference to the principles...common law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration, ot/tcr than what is specified,... | |
| E. Fitch Smith - 1848 - 1040 페이지
...statute.(rf) Further, as a rule of exposition, statutes are to be construed in reference to the jninciples of the common law. For it is not to be presumed that...common law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration, otiier than what is specified,... | |
| Tennessee. Supreme Court, West Hughes Humphreys - 1850 - 862 페이지
...this country, as part of their "birthright and inheritance." For we apprehend, the rule, that statutes are to be construed in reference to the principles of the common law, is alike applicable to a provision of the constitution, or fundamental law, and for the same reason,... | |
| James Kent - 1851 - 706 페이지
...Quando lex aliquid concedit, concedere videtur ct id, per quod devenitur ad illud. Statutes are likewise to be construed in reference to the principles of...law, further than the case absolutely required. This has been the language of the courts in every age ; and when we consider the constant, vehement and... | |
| George Bowyer - 1851 - 218 페이지
...affirmative of the Common Law ; 2 Inst. 301 ; 3 Co. Rep. 31. And we have already seen that statutes are to be construed in reference to the principles of the Common Law, as was held in Stowell v. Zouch, Plowd. 365. And the reason of the Law should be known for the purpose... | |
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